143. Regulation of the Federal Minister of Transport, Innovation and Technology on Civil Aircraft and Civil Aeronautical Equipment (Civil Aviation Vehicle and Aeronautical Equipment-Ordinance 2010-ZLLV 2010)

On the basis of § § 7, 11 to 24a, 125, 131, 132, 140, 140b, 141, 146, 164 to 168 and 171 of the Aviation Act, BGBl. N ° 253/1957, as last amended by the Federal Law BGBl. I n ° 83/2008 and the Federal Ministries of the Federal Republic of Germany 2009, Federal Law Gazette BGBl. 3., in accordance with § 7 of the Aviation Act, in agreement with the Federal Minister for National Defence, after carrying out a notification procedure pursuant to Directive 98 /34/EC idF of Directive 98 /48/EC, ordered:

Part 1

General provisions

Scope

§ 1. (1) The provisions of this Regulation shall apply in so far as nothing else is determined in sections 58 to 61 and in paragraph 3 above,

1.		for civil aircraft (§ 11 para. 1 and 2 of the Aviation Act-LFG, BGBl. No 253/1957, as amended) of Austrian nationality (Section 15 (1) of the LFG), including its equipment,
2.		civil aircraft, which are not registered in any aircraft register and used in Austria, including their equipment and
3.		for civil aeronautical equipment (§ 5) used outside of civil aircraft or in civil aircraft according to Z 1 and 2, to the extent that this is laid down in the individual provisions.

(2) For civil aircraft not registered in Austria, including their equipment, which are used in Austria, § § 58 (1), (3) mutas. 4 and 6 as well as 78 and 79 shall apply.

(3) For parachutes, hangings and paragliders used in Austria, as well as motorised slopes and paragliders registered in Austria, only § 4 and the special provisions according to the 7. Part and § § 78 to 82 shall apply.

Use of aircraft and aeronautical equipment

§ 2. (1) Aircraft may be operated on the basis of their type and equipment for the following types of use:

1.		Transport of persons and goods in commercial air transport:
a)			Use within the framework of air carriers within the meaning of section 102 (2) of the LFG or
b)			Use within the scope of air transport companies within the meaning of § 102 (1) LFG;
2.		Commercial renting (renting by leasing companies within the meaning of § 116 LFG);
3.		Civil aviation training (training by civil aviation schools);
4.		General aviation (use in general aviation).

(2) In the case of aircraft, the following types of application may be certified on the basis of their type of design and equipment:

1.		Flights to freight transport;
2.		Art flights;
3.		Basic training flights;
4.		Ambulance and/or rescue flights;
5.		Working flights;
6.		External cargo transport;
7.		external load passenger transport;
8.		Flights for other missions (e.g. parachute jumping flights).

(3) Basic training flights are flights in which the aircraft, under the supervision of an authorized civilian flight instructor, is in flight under the supervision of an authorized civilian flight instructor for the self-employed management or operation of aircraft of the type concerned.

(4) Working flights are flights whose purpose is not to carry out the flight itself or in a carriage. These include, in particular, stray or spray flights, pest control flights, flights to discard items, photo, film and surveying flights, and drag flights.

(5) The certificate of the type of use of "artificial flights" may be issued for an aircraft only if the airworthiness category "acrobatics" is certified in the model identification sheet, without prejudice to the requirements for flight requirements. No separate certificate of the type of "artificial flights" is required for aircraft which are allowed to carry out aerobatic figurines in accordance with other categories of airworthiness.

(6) In the case of aircraft, the following types of navigation can be certified, on request, on the basis of their type and equipment:

1.		Flights by day of vision flight;
2.		Flights by instrument flight rules by day;
3.		Flights by day of vision flight;
4.		Flights by instrument flight rules at night;
5.		other permissions or restrictions (e.g. RNAV, Cat II, RVSM, sightings at night in the area of the airfield).

(7) The minimum requirements for technical and operational equipment for each type of use, use and navigation are based on the internationally applicable building regulations and in the Annex D to the requirements laid down.

(8) The technical suitability of the aircraft for the respective use and navigation type shall be provided by the competent authority in accordance with the model 5 of the Annex A to be certified (certificate of use).

(9) Paragraph 1 to 8 shall be without prejudice to any operational requirements, operating restrictions or additional requirements for authorization as defined in other provisions.

Allowed use

§ 3. (1) An aircraft may be operated, without prejudice to para. 2 and 4, only in accordance with the conditions of use and navigation certified as permissible (§ 2 para. 2 and 6) and the established operating requirements and operating restrictions (§ 2 para. 9). Aeronautical equipment (§ 5) may only be used or installed in an aircraft if its operating activity has been determined and certified in accordance with Section 30 (6) to (9).

(2) An aircraft shall not be used for the use and navigation types registered in the certificate of use where facts justify the assumption that the operational safety does not or no longer apply to these uses. is given.

(3) An aeronautical device (§ 5) may not be used or installed if the facts justify the assumption that its operational activity is not given or that the corresponding maintenance instructions and storage regulations are not have been respected.

(4) Unless otherwise provided in this Regulation, an aircraft or an aeronautical device shall not be used without prejudice to the provision of section 44 and section 58 (3) if:

1.		the airworthiness or operational activity has not been assessed, or
2.		the continued existence of airworthiness has not been assessed after carrying out an inspection in accordance with Section 40; or
3.		there is no properly approved maintenance programme or the necessary maintenance work has not been certified or has not been carried out in accordance with the relevant applicable provisions; or
4.		the measures taken pursuant to paragraph 78 are still applicable, or
5.		the necessary insurance is not maintained, or
6.		the conduct of the tests in accordance with § § 31 to 43 has not been initiated or the orders prescribed in accordance with § § 31 to 43 have not been carried out or have not been carried out
7.		the instructions and notices pursuant to Section 48 (4) and (5) have not been complied with, or
8.		the associated operating and/or maintenance instructions are not or have not been complied with in accordance with § 33 (1) Z 8 and 9; or
9.		the mark, the colours of the republic and the inscription or Painting is not carried out according to § § 12 to 29.

(5) The aircraft holder (§ 13 LFG) is responsible for the maintenance of airworthiness and has to ensure that

1.		the aircraft is in an airy condition,
2.		the operational and emergency equipment required for the intended operation is correctly installed and ready for operation,
3.		the equipment which is not required and which is not ready for operation is clearly marked,
4.		the certificate of airworthiness or the restricted certificate of airworthiness or the special certificate of airworthiness retains its validity and
5.		the maintenance of the aircraft shall be carried out in accordance with the maintenance programme approved in accordance with section 48 (2).

(6) The aircraft holder may transfer the obligations assigned to him in accordance with paragraph 5 above by contract to an operation approved in accordance with Section 57. In this case, the aircraft holder shall hand over the records of the maintenance of the airworthiness in accordance with § 55 of the operation entrusted to him.

Types of aircraft

§ 4. Types of aircraft within the meaning of this Regulation shall be:

1.		Air vehicles heavier than air, with their own drive, and
a)			aircraft,
b)			Helicopters,
c)			self-startable motor sailers,
d)			Ultralight aircraft (aeroplanes and helicopters according to Annex II lit. e Regulation (EC) No 216/2008 laying down common rules in the field of civil aviation and establishing a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002, and Directive 2004 /36/EC, OJ L 327, 22. No. OJ L 79 of 19.3.2008 S.1, as well as engine paragliders as set out in Annex II lit. (e) Regulation (EC) No 216/2008 with a maximum permissible laden mass (mass including harness and rescue system) of more than 120 kg, and helicopters as defined in Annex II (lit). (f) Regulation (EC) No 216/2008),
e)			Motorised suspension tracks (aircraft in which a suspension slide is not permanently connected to the aircraft, but which, without a drive unit, can be used as a hang glider and a maximum permissible value for the trailer). Empty mass (mass including harness and rescue system) of not more than 120 kg),
f)			motorised paragliders (motor paragliders in accordance with Annex II lit. e Regulation (EC) No 216/2008, in which a paraglider is used to use a drive unit not permanently connected to the aircraft, but which, without a drive unit, can be used as a paraglider and a maximum permissible laden mass (mass including harness and rescue system) of not more than 120 kg) and
g)			other;
2.		Air vehicles heavier than air, mainly without their own drive, and
a)			Gliders, including non-starters, motor sailers,
b)			Parachutes (aircraft consisting of a main parachute, a reserve parachute, a harness and an automatic opening machine),
c)			Suspended derailleur (non-power-driven, foot-ready aircraft, consisting of a wing, harness and rescue system consisting of rigid and/or non-rigid parts, and having a maximum permissible laden mass of not more than 80 kg in the Case of single-seater and 100 kg in the case of two-seater aircraft),
d)			Paragliders (non-powered, foot-startable aircraft consisting of a non-rigid wing, harness and rescue system and with a maximum permissible laden mass of not more than 80 kg in the case of single-seater and 100 kg in the case of two-seater aircraft) and
e)			other;
3.		Air vehicles lighter than air, with their own drive, and
a)			Airships:
aa)				Gas-Airships,
bb)				Hot-air airships
			and
b)			other;
4.		Air vehicles lighter than air, without their own drive, and
a)			Free balloons:
aa)				Gas balloons (aircraft consisting of a shell and a basket),
bb)				Hot-air balloons (aircraft consisting of a casing and a basket and burner)
			and
b)			other;
5.		unmanned aerial vehicles (UAV).

Types of aircraft

§ 5. Aeronautical equipment is understood as:

1.		engine,
2.		Auxiliary motor (APU),
3.		Propeller,
4.		equipment, construction and components manufactured on the basis of an internationally applied standard (e.g. ETSO, JTSO),
5.		Equipment which can be used independently in the flight or on the ground without being aircraft (e.g. Startwins, Fesselallone, flight models, insofar as these do not qualify as UAV in accordance with § 4 Z 5),
6.		equipment, construction and components, to the extent that they are to be used in aircraft or in aeronautical equipment according to Z 1 to 4 or in conjunction with such equipment (e.g. trawling banners);
7.		synthetic flight training equipment.

Part 2

Registration and labelling

A. Registration of aircraft

Aircraft registers

§ 6. (1) The competent authority shall carry out the aircraft register (§ 16 LFG) in a clear form.

(2) The following information shall be entered in the aircraft register for each aircraft:

1.		the ordinal number,
2.		the nationality and entry signs,
3.		the manufacturer,
4.		the manufacturer's name,
5.		the serial number,
6.		Name and address of the aircraft holder and
7.		the maximum permissible exhaust mass.

(3) For test and test flights (§ 42) as well as for flights on the basis of an interim authorization pursuant to § 20 LFG for the purpose of export of an aircraft from Austria, an identifier without registration in the aircraft holder may be entered at the request of the aircraft holder. Aircraft registers shall be allocated. Section 7 (2) Z 9 shall apply mutatily.

(4) The first registration of a piece execution of a building design shall be notified to the Authority of that State which is responsible for the airworthiness of the design in accordance with ICAO Annex 8, Part II.

Application for registration

§ 7. (1) The request for the registration of an aircraft in the aircraft register and for the allocation of a registration plate shall be submitted by the aircraft holder.

(2) The application shall contain: the application shall be connected:

1.		the name and residence (seat) of the aircraft holder;
2.		the name and residence (seat) of the owner,
3.		Documents from which the title of the owner surrendered,
4.		Documents relating to the conditions of nationality as referred to in Article 16 (2) of the LFG;
5.		Certificates from which the holder shaft is obtained if the aircraft holder is not the owner of the aircraft itself,
6.		Certificates from which the name and residence (registered office) of the manufacturer are obtained; in the case of products of foreign origin, where appropriate also their authorised representative in Austria,
7.		Documents relating to the type of aircraft, its type and serial number,
8.		in the case of the intra-Community acquisition of an aircraft within the meaning of Article 1 (8) of the VAT Act 1994-UStG 1994, BGBl. No. 663, in the version of the Federal Law BGBl. I n ° 140/2008, a confirmation of the Financial Office pursuant to Art. 27 (1) UStG 1994,
9.		Certificates of the manufacturer ' s State showing that the aircraft to be entered was not yet registered in any other State, or documents of the last registered State in question, indicating that the aircraft no longer is registered in that State; and
10.		Documents showing that the aircraft to be used are subject to the provisions of the Civil Aircraft Noise Admissibility Ordinance 2005-ZLZV 2005, BGBl. II No 425, in the version in force.

(3) Where registration is requested before the transfer of an aircraft from a Member State of the Community to the territory of the Federal Republic of Germany, the documents referred to in paragraph 2 (2) (8) shall be domestic immediately after importation of the aircraft. -to be followed.

(4) Several holders of an aircraft have to appoint an authorized representative in the country who is empowered solely for the position of applications and for the receipt of deliveries. Aircraft holder with residence or Registered offices outside the Federal Republic have to appoint an authorized representative in Germany.

Registration Form

§ 8. The registration of an aircraft in the aircraft register shall be accompanied by a certificate issued by the applicant in accordance with model 1 of the Annex A issue (registration form).

Amendment of entries

§ 9. (1) In the event of a change in the conditions of registration, the competent authority shall be notified without delay by the aircraft owner or the owner of the registration and the modification or deletion of the registration shall be notified under the submission of the relevant provisions. to apply for a dossier without delay.

(2) Where an entry in the register of aircraft is changed, the registration certificate shall be adjusted accordingly by the competent authority. For this purpose, the submission of the entry note shall be required. Where necessary, a new registration certificate shall be issued. Invalid registration certificates shall be returned to the competent authority of the aircraft holder without delay.

Deletion of entries

§ 10. (1) The aircraft holder shall apply to the competent authority to request the cancellation of the entries in the register of aircraft if:

1.		one of their relevant conditions (§ 7 para. 2) is not or no longer exists, or
2.		the aircraft has been destroyed or
3.		this is an obligation on the basis of a judicial decision.

(2) registrations in the aircraft register shall be deleted from its own account if:

1.		the documents have not been submitted within four weeks of the importation of the aircraft in the territory of the country, in accordance with Article 7 (2) (2) (8) (2); or
2.		apply within three months from the date of registration not the exhibition of the further documents referred to in § 44 or § 58 (3), or a trial permit (§ 42) or an interim approval (§ 20 LFG) or a flight permit (§ 132 LFG) , or
3.		the issue of the documents or permits referred to in Z 2 has been legally failed and no new request has been made within three months for the issuing of such documents or permits, or
4.		the aircraft may no longer be used (§ 45), and the issuing of the documents referred to in § 44 or § 58 (3) has not been requested again within three months, or
5.		an interim authorization has expired and not within three months the issuing of the documents referred to in § 44 or § 58 (3) or a new interim authorization has been requested.

(3) If the deletion of entries in the aircraft register is requested for reasons other than those mentioned in paragraph 1 above, the aircraft owner shall submit a declaration of consent by the owner.

(4) If an entry has been deleted, the aircraft holder last registered at the time of the deletion shall have the mark, the identification plate, the colours and, at best, the coat of arms of the Republic removed. In addition, the competent register authority of the aircraft holder is the one in § 44 and § 58 (3), with the exception of EASA Form 15a or 15b, to the extent that they have not already been returned on the basis of another provision.

(5) The aircraft owner or the owner who was last registered at the time of the deletion may apply to the competent authority to issue a certificate of cancellation if the requirements of paragraph 4 are satisfied. (deregistration certificate).

B. Labelling of aircraft and aeronautical equipment

Labelling obligations

§ 11. (1) In accordance with § § 12 to 22, aircraft used in the aircraft register or in the context of testing or test flights as well as on the basis of an interim authorization (§ 20 LFG) for the purpose of export of an aircraft from Austria must be subject to the following conditions: ).

(2) Fesallallone and flight models, the empty mass of which exceeds 20 kg without any holding device, and dragons, the empty mass of which exceeds 7.5 kg without holding device, and other aeronautical equipment which can be used independently in the flight must be made visible Place the name and address of the owner in permanent and fireproof labeling.

Scope of labelling

§ 12. The labelling shall include:

1.		the affixing of the identifier (§ § 15 to 21) and
2.		in the case of aircraft heavier than air with its own drive and aircraft, lighter than air with its own propulsion system and free-of-air zones, the affixing of the identification plate (§ 22).

Components of the label

§ 13. (1) The mark shall consist of the nationality symbol "OE" and the sign of registration.

(2) The entry sign exists

1.		for gliders, motor seaters and ultralight aircraft from a four-digit range,
2.		in the case of other aircraft from a three-digit group of letters, subject to registration.

(3) The entry sign must be separated from the nationality symbol by a hyphen.

(4) The characters of the label shall be placed side by side, except in the case of open-air zones.

Allocation of the identifier

§ 14. (1) The competent authority shall be responsible for the allocation of a number of marks, in the case of the registration of the aircraft in the register of aircraft, the registration mark referred to in Annex B .

(2) A granted license plate, other than a mark for test and test flights, and flights based on an interim authorization pursuant to Section 20 of the LFG for the purpose of export from Austria, may not be subject to three years after the date of cancellation of a licence. Aircraft in the aircraft register shall be assigned to another aircraft.

(3) No groups of letters may be assigned as signs of entry, which can be confused with signals from the traffic of the air.

(4) A mark may only be assigned to an aircraft, the mark being allocated for each case in the case of open-air zones respectively.

(5) A mark may also be allocated on request without a request for registration of an aircraft in the aircraft register pursuant to § 7 for a period of not more than twelve months. Except in the cases of Section 6 (4), the mark may not be entered into the aircraft register on the aircraft only after the registration of the aircraft.

Guidance of the registration plate on aircraft heavier than air

§ 15. (1) In aircraft heavier than air, the mark must be affixed to the vehicle

1.		(a) on the hull or
b)			on the components corresponding to the hull, or
c)			on the engine gondola attached to the hull or
d)			on the side guide
		and where appropriate
2.		on the wing.

(2) In the case of surface aircraft, the mark referred to in paragraph 1 (1) (1) is lit. a to c on both sides as far as possible parallel to the longitudinal axis of the aircraft, between the supporting surface and the guide. The mark referred to in paragraph 1 Z 1 lit. d has to be on both sides of a one-piece or on the outer sides of the outermost parts of a multi-part control unit, or of a V-shaped guide.

(3) The mark referred to in paragraph 1 Z 2 shall be affixed to the underside of the lowest left wing half of the wing, seen in the direction of flight. The upper edges of the characters have to be pointing in the direction of the leading edge of the supporting surface. The characters must be arranged as far as possible at the same distance from the leading edge and from the rear edge of the supporting surface.

(4) In the case of helicopters, unmanned aerial vehicles and ultra-light aircraft, the mark must be applied in the appropriate application of paragraphs 2 and 3 to suitable surfaces. In the case of helicopters and helicopters, the identification on the underside of the fuselage can take place in or transversely to the flight direction.

Guidance of the registration plate on aircraft lighter than air

§ 16. (1) On airships, the mark must be affixed

1.		on the casing, on both sides, in each case at the point of the largest cross-section of the hull, or
2.		on the lower side of the lowest left horizontal stabilizing fin in the direction of flight as well as on the two outermost side surfaces of the lower vertical stabilizing fins parallel to the ship's longitudinal axis.

(2) In the case of outdoor pools, the mark must be placed on at least two points of the casing immediately below the largest horizontal balloon circumference in such a way that the mark can be seen from any viewing direction.

(3) For other aircraft lighter than air, paragraphs 1 and 2 shall apply mutatily.

Affixing of the characters

§ 17. (1) The characters must be in a durable manner in a colour which is clearly visible from the ground, and must always be preserved in a clearly legible state.

(2) The font must be rectangular.

(3) The mark must be fitted in such a way as to ensure that its visibility is not compromised.

(4) An inclined position of not more than 20 ° is permissible in the case of the affixing of the identification mark in accordance with section 15 (2).

Form of characters

§ 18. (1) Roman block letters and Arabic numerals are to be used as characters.

(2) The characters must be written in a bar code without ornamentation. The width of the characters, with the exception of the letters I, M, W and the number 1 and the length of the hyphen, shall be two-thirds of the height of the characters.

(3) The line thickness and the distance between two characters shall be one-sixth of the height of the characters.

(4) Minor deviations with respect to the dimensions within the writing field are permitted provided that they are used to improve the typeface.

Height of characters in aircraft heavier than air

§ 19. (1) The height of the characters on bearing surfaces shall be at least 50 cm. It shall not exceed four fifths of the smallest width of the supporting surface in the area of the font.

(2) The height of the characters on the fuselage or on the components corresponding to the hull or on the motor gondolas shall be such that the writing field does not touch the visible contour lines of the components. The characters must be at least 30 cm high.

(3) The height of the characters on the surfaces of the side guide must be chosen so that the writing field leaves a border at least 10 cm wide along all the edges of the control surface. The characters must be at least 30 cm high.

Height of the characters on aircraft lighter than air

§ 20. (1) The characters on aircraft lighter than air must be at least 50 cm high.

(2) In the case of airships, the height of the characters shall not exceed one twelfth of the largest longitudinal extent of the hull of the aeronautic body.

Exception

§ 21. (1) The competent authority shall, at the request of the aircraft holder, grant exemptions from the provisions of Sections 15 to 20 in respect of the form and size of the field of writing and of its attachment points, in so far as this is due to the type of design which: surface dimensions, the special use or the historical character of the aircraft is required and the identifiability is not thereby impaired.

(2) The exceptional authorization shall be conditional, limited and subject to conditions, in so far as it is necessary in view of the safety of the aviation sector.

(3) The derogation shall be revoked if one of the conditions of approval is not or no longer exists or has been infringed against conditions.

Discovery Shield

§ 22. (1) The identification plate must have a rectangular shape and a surface dimension of at least 2.5 cm x 10 cm and shall consist of refractory, non-corroding metal if the mark is not in the marking required in accordance with paragraph 4. is included.

(2) In the identification plate, the licence plate of the aircraft must be engraved at least 0.1 cm deep and at least 1.5 cm in height. It is to be preserved in a clearly legible state.

(3) The identification plate must be as non-detachable as possible.

(4) The other provisions of Regulation (EC) No 1702/2003, OJ L 327, 30.4.2003, p. No. OJ L 243, 27.9.2003, p. 6, requirements for the identification of aircraft or for the labelling of aeronautical equipment (Part 21, Section Q, Regulation (EC) No 1702/2003) shall apply.

C. Guided tour of the colours and the coat of arms of the Republic of Austria

General

§ 23. (1) Aircraft registered in the register of aircraft, which are used in the flight, shall be subject to the colours of the Republic of Austria.

(2) The colours of the Republic of Austria shall be applied to aircraft in the form of horizontal, uniform, red and white colour stripes arranged one above the other, in accordance with the provisions of sections 24 to 26, in such a way that their recognizability is not shall be affected. The total height of the three colour strips shall be at least 15 cm, their length shall be at least 25 cm or proportionally greater.

(3) In the white midfield of the colours of the Republic of Austria, the coat of arms of the Republic of Austria is to be carried on aircraft of the Federal Republic intended for use in order to maintain public peace, order and security (§ 145 LFG). The provisions of this Regulation shall not affect any other legislation concerning the conduct of the Wappen of the Republic of Austria.

(4) The colours and coat of arms of the Republic of Austria must be preserved in a sustainable manner and must be preserved in a state which is always clearly visible. They must stand out clearly from the ground.

Management of the colours of the Republic of Austria on aircraft heavier than air

§ 24. (1) In aircraft heavier than air bearing the mark on the fuselage or on the components corresponding to the hull or on the motor gondolas, the colours of the Republic of Austria shall be required on both sides of a one-piece side-guide either above or below the height control unit or on the outer sides of the outermost parts of a multi-part lateral control unit or, in the case of a V-shaped guide mechanism, on the outer and inner sides of this control unit, or else before or after the License plates are kept. In the case of helicopters, suitable surfaces shall be used for this purpose.

(2) In aircraft heavier than air, which bear the mark on the side or V-shaped guide, the colours of the Republic of Austria must be kept on this guide above the registration plate.

(3) The use of the entire outsides of the side-guide surfaces of aircraft for the colours of the Republic of Austria is only permitted in the case of motor aircraft which are also used for scheduled air traffic.

Management of the colours of the Republic of Austria on aircraft lighter than air

§ 25. (1) In airships, the colours of the Republic of Austria must be kept

1.		on both sides of the lower or upper outermost side surface of the vertical stabilizing fins, if they bear the mark (§ 16) on the cover,
2.		on both sides of the hull, if possible at the point of the largest cross-section of the hull, if they bear the mark on the stabilisation fin.

(2) In outdoor pools, the colours of the Republic of Austria must be guided and applied in such a way as to ensure that the recognizability of the label is not impaired.

(3) In the case of other aircraft lighter than air, paragraphs 1 and 2 shall apply mutatily.

Exception

§ 26. The provisions of § 21 shall apply mutatily to the management of the colours and the coat of arms of the Republic of Austria.

D. Labeling and painting

Affixing

§ 27. Labels other than those prescribed for the marking or the operation of aircraft may not be used on aircraft, if this means that the identification of the marks and of the marking and the marking shall not be carried out on the aircraft. The colours of the Republic of Austria or the safety of aviation are affected.

Untersagung

§ 28. If the competent authority is aware that labels, paintings and pictorial representations do not meet the requirements of § 27, the aircraft holder must be removed from the aircraft holder by a reasonable period of time.

Required Supplemental Label "EXPERIMENTAL"

§ 29. In the case of amateur construction aircraft and aircraft in testing, the label "EXPERIMENTAL" shall be placed in a size of at least 5 cm in the vicinity of the entry.

Part 3

Airworthiness

Documents relating to airworthiness and operational strength

§ 30. The competent authority shall, at the request of the aircraft holder for an aircraft, have an airworthiness certificate in accordance with the model 2 of the required insurance for the required insurance Annex A as well as a certificate of verification in accordance with the model 7 of the Annex A and a certificate of use in accordance with the model 5 of the Annex A , provided that the airworthiness (§ 17 LFG) has been established for the respective type of use and navigation on the basis of an examination carried out in accordance with § § 31 to 39 and if applicable § 40.

(2) The competent authority or the companies authorised in accordance with § 40 (4) shall have the continued existence of airworthiness in the inspection report for an aircraft after carrying out an inspection in accordance with § 40 (1) if all the conditions are met. To confirm the stamp and signature of a person entitled to it. After carrying out an examination in accordance with § 40 (1) Z 3, Z 4 and Z 8, an additional examination certificate according to the model 7 of the Annex A , after carrying out an examination in accordance with Article 40 (1) (7), a certificate of use in accordance with the model 5 of the Annex A ,

(3) The competent authority shall, upon request, grant a flight authorisation pursuant to § 42 for an aircraft in testing and for aircraft for which a model recognition procedure has been initiated, and a Permit to Fly-out, if at least evidence according to § 34 (1) Z 7 to 9 or § 36 (1) (1) and (2) have been submitted and the operational safety is given.

(4) In the case of aircraft which have not been manufactured in accordance with an internationally applied construction specification (e.g. experimental or amateur aircraft, ultralight aircraft), an airworthiness certificate shall be issued on application in accordance with the model 3 of the Annex A (special certificate of airworthiness), if § 34 (1) (10) (10) is fulfilled or if a piece-examination report issued in accordance with § 53 (1) has been issued.

(5) The competent authority shall, on request, have an airworthiness certificate for the export of an aircraft in accordance with the model 4 of the Annex A (Export certificate of airworthiness), provided that a test pursuant to Section 40 (1) (6) or the submission of a confirmation of conformity in accordance with Regulation (EC) No 1702/2003 (EASA Form 52) or there are no objections to the existence of airworthiness in accordance with Section 37 (5). The test shall be limited to a random test according to § 40 (3) if the last periodic review (Section 40 (1) (4)) or, if applicable, the last test on the maintenance of airworthiness in accordance with sub-M of the Regulation (EC) No 2042/2003 is no longer than three months and the extent of such export verification is not otherwise regulated by an inter-State agreement.

(6) The competent authority shall, at the request of an aeronautical appliance in accordance with § 5 Z 1 to 4 as well as for aeronautical equipment according to § 5 Z 6, which shall be installed in aircraft which may be operated in accordance with Article 2 (1) Z 1, or in connection with such aircraft , on request, a test certificate shall be made in accordance with the model 6 of the Annex A , provided that there is no doubt as to the operational nature of the company due to an examination in accordance with the provisions of sections 31 to 39. This test certificate is equivalent to a certificate issued or approved in accordance with the EASA/JAA Guidelines (e.g. EASA Form 1, JAA Form One, FAA 8130-3, Canadian TCA Form 24 0078). For aeronautical equipment which is to be installed or used in conjunction with air carriers which may be operated within the framework of air carriers, such certificates may only be issued by undertakings which: in accordance with the provisions of JAR-145 and Part-145 of Regulation (EC) No 2042/2003, OJ L 245, 29.8.2003, p. No. 1, or JAR-21 and/or Part 21 of Regulation (EC) No 1702/2003 or of the sub-M of Regulation (EC) No 2042/2003, or on the basis of a transfer pursuant to Article 37 (3) thereof, shall be entitled to this end. A certificate (§ 50 (9) or a manufacturer's certificate) issued by an establishment issued in accordance with § 52 shall be sufficient for aeronautical equipment which is installed in or used in other aircraft. Paragraph 1 or section 53 (1) is approved.

(7) For aeronautical equipment according to § 5 Z 6, which is to be installed or used in conjunction with air carriers which are not allowed to operate within the scope of air carriers, or for aeronautical equipment according to § 5 Z 5, certificates of origin, test reports or other equivalent certificates of equivalent quality are sufficient for the proof of the operational validity, which confirm that the necessary or necessary for the particular operational activity is or are not required. the standards applicable are met.

(8) For aeronautical equipment according to § 5 Z 6, which is to be installed in aircraft in accordance with Annex II to Regulation (EC) No 216/2008, or is to be used in conjunction with them, corresponding to the verification of the operational strength, also appropriate certificates of origin, test reports or other equivalent evidence which confirm that the necessary or necessary for the particular operational activity is the standards applicable are met.

(9) In the case of synthetic flight training equipment, it is necessary, on request, to be operational with regard to the relevant technical performance by the competent authority, in the presence of the conditions laid down in this respect by the JAA. Regulations (JAR-FSTD A and FSTD H) to be assessed (model 11 of the Annex A ).

General provisions concerning the determination of airworthiness

§ 31. (1) The competent authority shall, upon request for the determination of the airworthiness of aircraft, have sample tests (§ 32), piece tests (§ 37) and inspections (§ 40) as well as for the determination of the operational strength of an aeronautical device in accordance with § 5 Z 1 to 3 to carry out sample and unit tests, to draw up test reports on these tests and to immediately inform the applicants of the results of the tests and any further requirements which may be required.

(2) For aeronautical equipment in accordance with § 5 Z 4, the competent authority shall, upon request, determine whether the aeronautical equipment is the technical standard of the JTSO, or ETSO or an equivalent internationally applied standard. These tests shall be carried out in the form of audit reports and shall immediately inform the applicants of the results of the tests and any further requirements which may be required.

(3) The audit reports shall contain:

1.		the date of application,
2.		the description of the objects examined, indicating the technical data and the determination of whether the airworthiness appears, in particular by:
a)			the identification of the aircraft belonging to the aircraft inspected, including their engines, and the types and design characteristics of the aircraft, their equipment and their types of navigation and navigation, the operating behaviour on the ground and in the flight are to be regarded as airworthy,
b)			the determination of the presence of the minimum equipment required for safe operation, including radio and radio navigation equipment, the labels required for operation, signs, display and warning signs,
c)			the declaration on the proper affixing of the mark and the identification plate, the colours of the Republic of Austria and other markings and dimensions,
d)			information on the extent to which the operational limits established correspond to the safety requirements and to what extent they must be included in the operating instructions for the aircraft being tested; and
e)			Information about the associated operating and maintenance instructions
		and
3.		the date of the beginning and the date of the completion of the individual tests and their results.

(4) Test reports must be provided with continuous page numbers. The entries in the test reports shall be made with hard-to-erasable writing. Incorrect entries must be crossed in such a way that they remain legible. No registration may be made invisibly or unreadable.

(5) In the case of a determination of airworthiness, evidence may also be provided which, on another occasion, may be provided, in particular, by the competent authority or by another authority (e.g. by a foreign aviation authority) or by a competent authority recognised by the competent authority or by a competent authority. the manufacturer or the manufacturer or the holder of the type-approval certificate, such as building documents, sample test reports, unit inspection reports, test certificates of materials, noise measurements, construction details, welders, non-destructive testing Material testing, the construction condition and the operating behaviour on the ground and in the Flights, airworthiness certificates, inspection certificates, maintenance manuals, certificates, maintenance certificates, model identification sheets and the like are used. This evidence shall be submitted to the competent authority in German or English.

(6) General aviation safety requirements, airworthiness or operational requirements in the interest of aviation safety are provided by the competent authority by means of airworthiness notices in the air-travel-related field. By electronic means and, as far as this appears tunable, by electronic means or to make known.

Sample checks

§ 32. (1) An aircraft shall apply to the competent authority from a development establishment approved in accordance with § 53 (1) or (2) for the purpose of determining airworthiness to carry out a sample test if the aircraft is not it has been proven that a pattern-tested pattern of origin has been built up. The sample test shall include testing, if necessary, as well as an examination of all the components.

(2) For aeronautical equipment in accordance with § 5 Z 1 to 3, a development establishment approved in accordance with section 53 (1) or (2) must apply to the competent authority to carry out a sample test if it is not it has been proven that a pattern-tested pattern of origin has been built up. In the case of this type test, it must be established whether it is generally or only in connection with certain types or types of aircraft.

(3) For aeronautical equipment pursuant to § 5 Z 4, a manufacturing plant approved in accordance with section 53 (1) or (2) must apply to the competent authority to carry out a test to determine whether the aeronautical appliance is to be used for the purpose of determining the operational capacity of the competent authority. technical standard of the JTSO or ETSO or an equivalent internationally applied standard.

(4) Applications referred to in paragraphs 6 and 7 for aeroplanes according to CS 25 /JAR 25 /FAR 25 and for helicopters according to CS 29 /JAR 29 /FAR 29 shall apply for a period of five years, other applications pursuant to paragraphs 2, 3, 6 and 7 shall apply for a period of three years. The competent authority may agree to a longer period of time if it is established that this is necessary for the design, development and testing. After the expiry of the respective period, a new application shall be submitted for the implementation of a sample examination.

(5) In order to determine the airworthiness of an aircraft (in particular an amateur aircraft, unmanned aerial vehicle, ultra-light aircraft) not manufactured in accordance with internationally recognised building regulations, the competent authority shall: To apply for a restricted sample test. Except in the case of amateur construction aircraft and ultralight aircraft, the application shall be submitted by a development operation approved in accordance with Article 53 (1) or (2). In the case of amateur-building aircraft, the requirements and the list of documents required for the implementation of the restricted sample test may be imposed in the context of the building permit (section 37 (7)).

(6) The development operation of the original pattern approved in accordance with § 53 (1) or (2) the holder of the model certificate has to submit a request for a supplementary sample test, if a sample-tested sample in type (construction and design features), type, purpose, strength, performance, operating characteristics or noise is substantially altered.

(7) The person entitled to dispose of the certificate shall apply to the competent authority for an additional sample examination if a large change in a sample checked pattern is not carried out by the holder of a sample certificate or by a limited number of Type approval itself is to be carried out. A major change is, in particular, a change which can have a significant impact on the mass, centre of gravity, structural strength, reliability, operating characteristics, noise or influence on airworthiness or operational strength. or Operating documents to be approved.

(8) The development operation or the development operation approved in accordance with § 53 (1) or (2) the holder of the model authorisation has to submit a new request for a sample test, if:

1.		the deviation from the model of origin in the development, configuration, performance, limitation of performance and the limitation of the speed of rotation of the engine or the mass is so large that a further comprehensive demonstration of the applicable regulations shall be required, or
2.		in the case of aircraft, a change in the number of engines or rotors, or the use of a different drive principle or principle, or
3.		in the case of the engine, a change in the operating principle, or
4.		in the case of propellers, a change in the number of sheets or the operating principle for the adjustment of the blade takes place.

(9) In the case of minor changes to a pattern-tested design, if it is not from a development operation approved in accordance with section 53 (2) or in the case of an aeronautical device according to § 5 Z 4, it is not from the holder of the ETSO or ETSO. JTSO authorization has been made to apply to the competent authority for approval.

(10) In the case of the model test, the competent authority shall be required to demonstrate that the aircraft or aeronautical equipment to be tested shall comply with the construction requirements and technical requirements applicable on the day of the application, as well as the requirements of the noise reduction requirements in accordance with the ZLZV 2005. To the extent that the JAA has laid down the relevant provisions, they shall apply. Partial exceptions and/or Special provisions of the applicable rules may be granted in justified cases where this does not endanger the safety of aviation. For the purpose of determining the applicable rules for additional sample tests and additional sample tests, the date of application for the sample test of the basic design shall be the decisive factor. In such cases, the competent authority may, for reasons relating to aviation safety, lay down additional conditions on the basis of the rules to be applied at the time the application is lodged.

(11) Upon presentation of the building documents (§ 33), the competent authority shall establish whether they are suitable for the production of the design and whether the production of the design can commenced. For this purpose, it is necessary to determine which tests are to be carried out during the production. In the case of a sample test, aircraft with the consent of the aircraft holder may be dismantled or damaged, provided that this is necessary for the determination of airworthiness. Before the soil and flight tests are carried out, the competent authority or a suitably qualified establishment designated by the competent authority shall establish that the type of construction to be tested shall be in accordance with the specified building documents (Statement of Conformity/Statement of Conformity).

(12) Where the design is equipped with variable or interchangeable components, which may optionally alter the nature, purpose, strength, performance or operating characteristics, the sample test shall be: to extend all forms of conversion and armaments.

(13) In the case of deviations in construction within the meaning of paragraph 7, the applicant shall ensure that the necessary evidence is either derived from its own development or is available as a result of an agreement with the holder of the type approval.

(14) In the case of the design examination of products of foreign origin, an authorized representative may be made known by the holder of the model authorisation or the restricted type approval. Authorised persons are physical or legal persons who are engaged in technical or commercial distribution of aircraft or aeronautical equipment manufactured abroad and who undertake to provide assistance in the sense of maintaining the safety of aviation.

(15) In so far as the JAA has established appropriate procedures for the joint implementation of the model authorisation, the development establishment approved in accordance with section 53 (2) may be requested to apply it (JAA type approval).

(16) In the case of a change in the item requested by the client, the competent authority shall be required to demonstrate that the aircraft or aeronautical equipment shall, after the change requested, take place on the day of the change in the Applications valid, internationally applied construction regulations and technical requirements as well as the noise-admissibility requirements according to the ZLZV 2005 is sufficient. Some exceptions to the application of the internationally applied rules may be granted in justified cases where this does not endanger the safety of aviation. It may also be determined by the competent authority that the approval of the changes to the item is granted in the framework of the investigation pursuant to § 40 (1) (2) (2).

Building documents

§ 33. The documents referred to in this Regulation shall be the documents required for the production of the design and for the putting into service, such as:

1.		construction and circuit diagrams, as well as a list of items and equipment,
2.		Calculation bases or information on empirical methods with regard to aerodynamics, stability, performance, static and strength as well as mass and centre of gravity determination,
3.		information on the materials used,
4.		information on the execution of the building, the working methods used, and any test reports of breakage and stress tests,
5.		information on the testing programme for operational behaviour on the ground and in the flight, and on the results obtained,
6.		information on the empowerment of welders and the nature of non-destructive testing;
7.		Mass data (in particular the mass, maximum permissible mass, landing maximum mass) and information on the priority area,
8.		operating instructions (in particular with information on performance and operating limits, operating equipment, minimum crew, minimum equipment and loading plans),
9.		Maintenance instructions (§ 48 para. 1) as well as
10.		Test reports and sample characteristics of foreign origin.

(2) The applicants shall be obliged to provide the building documents required for the sample test to the competent authorities free of charge in German or English. They shall also be obliged to inform the competent authorities and all the holders of aircraft of the design concerned, known to them, of any changes and additions to the construction documents in an appropriate manner.

(3) The competent authority may waive individual documents if the documents and evidence submitted and the results of practical tests ensure an equal degree of security. Construction documents and certificates of construction-type aircraft, for which a special certificate of airworthiness has been issued by the competent authority, may be recognised as proof in accordance with Section 31 (5).

Sample audit reports

§ 34. (1) Examination reports on sample tests shall be included in compliance with the principles set out in Article 31 (3) to (5)

1.		a list of available building documents,
2.		those provisions which have been carried out in accordance with the model test,
3.		the extent to which the construction documents, in accordance with the state of the art, appear to be sufficient and suitable for the intended use,
4.		Information on whether:
a)			the design in its dimensions and weights, with the accuracy of proper production, corresponds to the construction plans;
b)			the materials in their nature and strength correspond to the material lists,
c)			the components provided for in the parts lists as well as the equipment for the requested use are complete and operational;
d)			the manufacture and assembly has been carried out in an appropriate and appropriate way with the appropriate devices,
5.		a list of the components and equipment used, the proper manufacture of which is essential for airworthiness;
6.		the designation of the components and equipment whose proper manufacture is to be demonstrated by special tests during the execution of the building (components which may only be produced in certain undertakings);
7.		the finding that the model test has progressed to the extent that a safe implementation of the intended practical test, if necessary in flight, is ensured,
8.		the establishment of the test environment (testing programmes for testing purposes, test flights and test drafts, etc.), which is necessary, taking into account the type and use envisaged, to determine the airworthiness,
9.		the conditions, conditions and limits of the probation authorization to be issued in accordance with § 42, under which the execution of the intended test in the flight shall be considered to be traffic-safe, and to any, during the trial period, to expected changes in the overall construction state and the material behavior of individual parts or equipment is to be considered,
10.		After completion of the test programmes referred to in Z 8 and carried out in accordance with Z 9, the determination of whether or not What limitations (§ 30 (3) and (4)) can be used to assess the airworthiness or for which reasons it is necessary to carry out further trials,
11.		the assessment of the suitability of the model for the post-production of piece designs, which construction documents are to be used and which conditions may be of importance for airworthiness;
12.		where appropriate, information on the facilities and measures necessary to avoid excessive noise,
13.		the determination as to whether the operating and maintenance instructions are sufficiently present, and
14.		the design of a sample sheet.

(2) Later modifications of the design required to maintain the airworthiness (mandatory amendments) shall be carried out by the competent authority by means of airworthiness instructions in the usual airway to prescribe or , and, where appropriate, to be made public by electronic means. Such instructions may be removed if it is established that the aircraft owners concerned have already taken the necessary measures themselves.

Sample registration certificate, sample sheet

§ 35. (1) In order to complete the design test of aircraft, other than amateur construction aircraft, and the sample testing of aeronautical equipment in accordance with § 5 (1) and (3), the competent authority shall be subject to a model certificate of registration in accordance with the model 9 of the Annex A as well as to create a sample sheet. This will certify that the aircraft or aeronautical device complies with the provisions of section 32 (10). The sample key sheet has the essential technical, operational and noise-relevant data of the audited aircraft or Aeronautical equipment. In particular, information on the use and operating limits, as well as indications of the operating and maintenance instructions in force, shall be included.

(2) In order to conclude the sample testing of an aeronautical appliance in accordance with § 5 Z 2 and 4, it shall be certified by the competent authority that it complies with an internationally applied technical standard.

(3) The competent authority shall have information on the sample data in force in Austria and on the possibility of reference to the data available with the verification of the test. Where sample identification data is only available to the competent authority, the competent authority shall make it available to replace the expenses.

Recognition of sample checks

§ 36. (1) Foreign sample tests (§ 32 (1) to (3), (6) and (7)) shall be accepted by the competent authority upon request of the person entitled to dispose of the sample documents, and a model recognition certificate shall be provided for in accordance with the model 8 of the Annex A in the case of

1.		they have been carried out in accordance with internationally applied rules which at least comply with the requirements laid down in this Regulation; and
2.		the required building documents and sample test reports have been provided by the applicant, and
3.		Austrian sample tests in the relevant other State are recognised under comparable conditions.
To the extent that the JAA has established appropriate procedures for the joint implementation of the pattern recognition, it may be requested that they should be applied. The Z 3 shall not apply if the State concerned is a party to the Agreement on the European Economic Area (EEA).

(2) The conditions set out in paragraph 1 shall be deemed to be fulfilled if the product has been certified in accordance with a certification or validation procedure of the JAA.

(3) The provisions of paragraphs 1 and 2 shall not apply to the extent that Austria is bound by another State under a convention for the recognition of sample tests.

(4) Test reports, construction documents, sample test reports and sample sheets shall be made available to the competent authority free of charge in German or English.

Item Checks

§ 37. (1) For an aircraft and an aeronautical device according to § 5 (1) to (4) and (6), the airworthiness or airworthiness shall be determined. to apply to the competent authority to carry out a unit inspection when the aircraft or An aeronautical unit has been manufactured as a piece design of a pattern tested or suitable for post-construction. Upon completion of the unit inspection of an aircraft, an airworthiness certificate or certificate shall be issued by the competent authority. Special certificate of airworthiness as well as a certificate of inspection and, in so far as this is required in accordance with § 2 (8), a certificate of application. After completion of the unit inspection of an aeronautical device in accordance with § 5 Z 1 to 4 and 6, a certificate is to be issued in accordance with § 30 (6). The provisions of Section 30 (7) and (8) shall remain unaffected.

(2) The provisions of § § 32 and 33 shall apply in accordance with the terms of section 32 and 33 for the unit inspection of piece designs, which are retrofitted to a pattern-tested original pattern.

(3) The Federal Minister for Transport, Innovation and Technology shall, on request, transfer the performance of the part-examination pursuant to paragraph 1 to a manufacturing plant approved in accordance with Section 53 (1) if:

1.		the manufacturing processes ensure pattern conformity and the quality assurance procedures used are regulated in the relevant technical operating manual,
2.		there is a corresponding quality assurance,
3.		an authorized, at least two-year continuous activity as a production plant can be demonstrated and the additional training of the staff required for this transfer is guaranteed,
4.		the qualified and reliable staff for this activity (Section 32 of the LFG), as well as the necessary technical facilities, are in place, and
5.		An insurance company with the corresponding amounts for the federal government's claims on the basis of the official liability law, BGBl. N ° 20/1949 idF BGBl. I No 194/1999.

(4) The authorization referred to in paragraph 3 shall specify the types and designs of aircraft or aeronautical equipment in accordance with § 5 (1) to (4) and (6), and the persons who may carry out the piece-examination. It shall be conditional, on a fixed-term basis, or subject to conditions, in so far as it is necessary in the interests of aviation safety, in order to ensure the proper conduct of the work and with a view to technical development. The authorization shall be revoked if any of the necessary conditions for approval are not or are no longer given or have been infringed against obligations or an obligation under this Regulation.

(5) Unit test reports, which are carried out on the basis of authorisation in accordance with paragraph 3, must contain the date of issue, the name of the authorised holding and the name and signature of the examiner. Upon completion of the unit examination, the authorised holding shall have a statement of conformity (Statement of Conformity) in accordance with the model 12 of the Annex A ,

(6) In the case of the manufacture of an aircraft or aircraft, of an aeronautical appliance according to § 5 (1) to (4) and (6) by a manufacturing plant approved in accordance with § 53 (2) shall be deleted in accordance with the provisions of JAR- of Part 21 of Regulation (EC) No 1702/2003, the requirement to carry out the piece-examination in accordance with paragraph 1 of this Article.

(7) Prior to the manufacture of an aircraft in the field of amateur construction, the amateur manufacturer must apply for a building permit to the competent authority, accompanied by appropriate documents. This authorization shall be subject to conditionality or obligations to the extent necessary in the light of the safety of the aviation sector. This authorization shall be revoked if one of the conditions for the approval no longer exists or has been infringed against conditions.

Piece Audit Reports

§ 38. Item test reports shall be included in the appropriate application of section 31 (3) to (5)

1.		Information on the building documents relevant to the production of the piece (e.g. list of manufacturing processes, valid drawing list),
2.		details of any additional changes made (construction, materials, manufacturing processes, etc.), their approval pursuant to Article 32 (6) thereof, and the facilities and measures necessary to avoid excessive noise;
3.		a statement by the manufacturer as to whether and to what extent the audited piece design is in conformity with the original pattern, in particular whether:
a)			the piece design in its dimensions and masses corresponds to the production specifications, and
b)			the materials used in their nature and strength correspond to the design; and
c)			the components listed in the parts lists are marked accordingly,
d)			the equipment installed for the intended use and navigation is complete and operational;
e)			the assembly has been carried out properly and, if necessary, with the appropriate devices; and
f)			the requirements laid down in § § 12 to 28 are fulfilled,
4.		the determination that the unit inspection is essentially complete and can be started with the practical inspection, if necessary in the flight, and
5.		a report on the model-compliant operating behaviour of the aircraft or aeronautical equipment to be tested and the proper functioning of the equipment required for the intended use and navigation types (e.g. test-report reports, Functional Test Report).

Recognition of unit audits

§ 39. (1) Foreign piece audits shall be accepted by the competent authority upon request and a certificate of airworthiness and a certificate of inspection and a certificate of application, respectively. to issue a test certificate if:

1.		the design test has been recognized by the design test,
2.		they have been carried out in accordance with internationally applied procedures, which at least meet the requirements laid down in this Regulation;
3.		the required piece-related production documents and unit inspection reports (§ 38) shall be provided by the applicant,
4.		Austrian unit audits in the other State concerned are recognised under comparable conditions,
5.		an export certificate of export certificate has been submitted, the exhibition of which is not longer than 60 days at the time of presentation of the aircraft or an aeronautical appliance in accordance with § 5 Z 1 and 3 of the competent authority;
6.		a certificate issued by the foreign aviation authority confirming that the equipment required under this Regulation is properly installed and operational for the intended use and navigation types; and
7.		a certificate issued by the foreign aviation authority confirming that the requirements laid down in § § 12 to 28 are met.
The provisions of Z 4 shall not apply if the State concerned is a party to the Agreement on the European Economic Area (EEA).

(2) The conditions set out in paragraph 1 (2) shall be deemed to be fulfilled if the lump-specific production documents have been drawn up in accordance with the manufacturing operating procedures established by the JAA and if the holding is at that point in time within the meaning of section 53 (2) was approved.

(3) If one of the conditions set out in paragraph 1 is not fulfilled, the competent authority must request the carrying out of a piece-examination and, where appropriate, the carrying out of an import or use investigation. This can be carried out in a simplified manner if the type of the aircraft or Aeronautical equipment according to internationally applied construction regulations has been examined and an export certificate of certificate has been submitted, the exhibition of which at the time of presentation of the aircraft or aeronautical device according to § 5 Z 1 and 3 at the competent authority shall not be longer than 60 days.

(4) Unit-related construction documents and piece-test reports shall be submitted to the competent authority free of charge in German or English.

(5) § 39 shall not be applied in so far as Austria is obliged to a different State on the basis of a convention for the recognition of unit audits.

Afterchecks

§ 40. (1) An aircraft shall apply to the competent authority to carry out an inspection in order to determine the continued existence of the airworthiness of the aircraft holder.

1.		After carrying out repair or overhaul work (repair or overhaul inspection), which
a)			have not been carried out in a maintenance operation, with the exception of minor repairs in the course of maintenance operations (e.g. work on sub-structures or without special aids); or
b)			have been carried out by a maintenance or manufacturing company with a corresponding maintenance permit (§ § 51 to 53) and these repair works are not carried out in the approved design-specific maintenance instructions in accordance with § 48 para. 1 or have not been carried out according to generally valid repair instructions. In any case, after repair work, which required extensive repairs to primary components, it must be carried out by the competent authority;
		or
2.		after the implementation of amendments to the item, if this has been required by the competent authority in an examination pursuant to section 32 (16) (review of change),
		or
3.		provided that the proper performance of maintenance work during the previous use, in particular during the period since the last test (unit test or inspection), cannot be demonstrated, or the time limit for carrying out the periodic review has been exceeded (re-use verification)
		or
4.		at periodic intervals (periodic inspection) of 24 months from the date of the unit inspection or the import verification or the last periodic inspection (date of the verification reference). For reasons of aviation security, the competent authority shall be able to set shorter intervals for periodic inspection. The verification may take place without effect on the date of the following periodic review in a period of three months before no later than three months after the date determined by the reference date. The inspection can also be carried out prior to the periods mentioned above. In this case, the reference date will be redefined. The date of implementation of the next periodic review shall be entered in the proof-of-verification certificate. If the verification is not carried out within the time periods specified above, the Z 3 shall be applied. Section 3 (4) shall remain unaffected;
		or
5.		where circumstances other than those referred to in Z 1 to 4 justify the assumption that the airworthiness is no longer given (special investigation), or
6.		when the issue of an airworthiness certificate for export has been requested (export verification)
		or
7.		for the first-time certificate or If the permitted use or navigation type is changed (use verification)
		or
8.		if the issue of an airworthiness certificate has been applied for on the occasion of importation (import verification).
In the case of Z 4, the aircraft holder may also have the inspection carried out by an operation authorised in accordance with paragraph 4.

(2) The determination of the continued existence of the operational activity of an aeronautical device shall have prior to its installation or use by presenting a certificate in accordance with § 30 (6) to (9) or in the installed condition with the inspection of the aircraft shall be made.

(3) The verification shall be limited to a random test if there are no objections to the continued existence of airworthiness after presentation of appropriate evidence (§ 31 (5) and § 55).

(4) The Federal Minister for Transport, Innovation and Technology, on request, has the responsibility for carrying out the verification pursuant to paragraph 5 (1) Z 4, if the conditions laid down in paragraph 5 are fulfilled.

1.		in the case of aeroplanes or helicopters which may be operated pursuant to Article 2 (1) (1) (1) (1), to a maintenance service approved in accordance with section 52 (2);
2.		for all other aeroplanes and helicopters, as well as for motor sailers, gliders, open-air and ultra-light aircraft, to a maintenance service approved in accordance with section 52 (1) or (2);
3.		for amateur construction aircraft to the establishment which monitors the production (Section 53 (7)), or to a maintenance operation approved in accordance with section 52 (1) or (2), or
4.		for all types of aircraft to one according to M.A. 711 lit. a Z 1 and M.A. 711 lit. b of Annex I subsection G of Regulation (EC) No 2042/2003, which also holds a national authorisation in accordance with section 57;
shall be transferred. After carrying out the verification, the authorised holding shall forward a copy or a copy of the verification certificate to the competent authority at the latest by the end of the following month. The inspection certificates shall have the date of issue, the name of the authorized holding and a stampiglie according to the model 10 of the Annex A and to include the signature of the examiner.

(5) A competence pursuant to paragraph 4 may only be transferred if:

1.		the audit staff
a)			A minimum of three years ' uninterrupted activity as an aircraft or equivalent qualification can be demonstrated. Of this, it has at least a two-year activity in quality assurance or in accordance with § 50 (4) on the aircraft design for which it is to be used; and
b)			training (in particular instruction in the test procedures, the building regulations to be applied and the relevant for civil aviation in Austria and the inspection activity) relating to the verification of the verification of the verification of Legal basis) has been verifiably completed and
c)			reliable (§ 32 of the LFG),
2.		the review procedure is regulated in writing,
3.		the necessary publications are available and procedures have been established to ensure that any necessary test equipment is available and the ongoing training of the testing staff is carried out,
4.		an activity of at least two years is available as a maintenance operation in accordance with section 52 (1) or (2), with the exception of establishments in accordance with paragraph 4 (4) (4);
5.		An insurance company with the corresponding amounts for the federal government's claims on the basis of the official liability law, BGBl. N ° 20/1949 idF BGBl. I No 194/1999.
The transfer of the inspection may only be carried out for those aircraft design models for which the company has been granted a maintenance permit for maintenance purposes within the meaning of section 46 (2) to (4), or in the case of holdings as referred to in paragraph 4 (4) for the the approval in accordance with § 57 included aircraft construction samples. Section 47 (9) is to be applied in a reasonable way.

(6) The authorization referred to in paragraph 4 shall specify the types of aircraft for which they are granted and which persons may be required to carry out the inspection. It shall be conditional, on a fixed-term basis, or subject to conditions, in so far as it is necessary in the interests of aviation safety, in order to ensure the proper conduct of the work and with a view to technical development. The authorization shall be revoked if any of the necessary conditions for approval are not or are no longer given or have been infringed against obligations or an obligation under this Regulation.

(7) A person entitled to be verified in accordance with paragraph 6 may not take action if, for the aircraft to be tested, it has been acting as a appointed person for the period since the last periodic review as a person appointed pursuant to Section 50 (4) or one of the persons to be examined at the time of the Verification of last valid maintenance certificates has been issued. This does not apply to simple maintenance work (e.g. visual inspection, oil change or rectification of simple faults). If the inspection is carried out at the same time as a maintenance activity, the maintenance certificate may not be issued by the person entitled to the maintenance.

(8) In aircraft where there is no doubt as to airworthiness and which, for reasons other than that of maintenance, have been dismantled into components (such as in particular for the purpose of transport) and have been assembled again, there is no Inspection shall be required if the assembly has been carried out by the manufacturer or by a company fulfilling the requirements of section 52 (1) or (2), in accordance with the aeronautical approved maintenance instructions, and no such inspection shall be carried out. Damage to operational parts has occurred and no structural or the Air worthiness change has been made. Furthermore, no inspection is necessary for the installation and dismantling of parts before or after the entry into service of aircraft, insofar as this is expressly provided for in the operating instructions approved by the aviation authorities (e.g. the installation and dismantling of the aircraft). Bearing surfaces of gliders, on-and dismantling as well as change of outdoor baskets and burners).

Follow-up audit reports

§ 41. (1) In post-audit reports, the principles set out in § 31 (3) to (5) shall be recorded in accordance with the principles of the law.

1.		whether and to what extent the examination subject complies with the model,
2.		whether the prescribed minimum equipment and the necessary operating documents are available for the types of use and navigation registered in the certificate of use,
3.		whether the evidence referred to in Article 31 (5) or other equivalent evidence is available,
4.		whether the prescribed maintenance work has been carried out in accordance with the final maintenance instructions in accordance with section 48 (1) and in accordance with this Regulation,
5.		whether and which of the required amendments (Section 46 (4)) have been properly carried out on the subject of the examination,
6.		if, after checking the condition of the airworthiness on the ground, an examination of the operating behaviour in the flight is necessary,
7.		why the subject had to be damaged if necessary, and
8.		whether the function and the operating behaviour of the test subject as well as its individual parts are sufficient for the determination of airworthiness.

(2) Weiters shall draw up a findings report and, where appropriate, a list of complaints in which all the deficiencies noted are recorded. Time limits must be required to remedy these shortcomings. Defects affecting airworthiness, which have not been remedied in due time, must be reported immediately to the competent authority pursuant to § 45 and, if necessary, to the competent authority in accordance with § 43 of this Directive, with the help of the relevant documents.

(3) In the case of random checks (Section 40 (3)), the findings may be limited to the extent of the test carried out.

Test and test flights

§ 42. (1) The execution of trial flights is only permitted with the approval (test permit/Permit to Fly) of the competent authority. The authorization may only be issued if, in the presence of the conditions in accordance with § 32 (11), a safe passage of the flight is guaranteed and the necessary insurance is available and has to be included

1.		the exact designation of the aircraft to be tested and the exact name of the aeronautical device to be tested;
2.		information on the names and domials (seat) of the aircraft owners;
3.		the designation of the test areas to be used,
4.		the prescribed trial programme and
5.		Conditions, time limits and conditions to be met in order to ensure transport safety, environmental protection and the purpose of testing.
The approval is to be revoked if one of the necessary conditions of approval is not or no longer exists or has been infringed against conditions.

(2) Test flights to determine whether an aircraft is to be regarded as airborne may be required, in particular, in the context of sample, piece and inspections carried out by experts or by experts. Such test flights shall not be considered to be used within the meaning of § 3.

Change of use or navigation type

§ 43. If, on the basis of a verification pursuant to section 40 (1) or other facts, the aircraft is not or no longer in air or operational status for a type of use or navigation indicated in the certificate of use, the Aircraft for this type of use or navigation are no longer operated. The aircraft may not be operated again for this type of use or navigation unless the deficiencies have been remedied within the time limit set and this has been demonstrated by the competent authority or the assessment body. If the deficiencies are not remedied within this period, the aircraft holder shall apply to the competent authority to issue a new certificate of application or to proceed by the competent authority in accordance with Section 45. Any change in the certificate of use for aircraft used in the framework of an air transport company (§ 102 para. 1 LFG) shall be immediately notified by the competent authority of the Federal Minister for Transport, Innovation and Technology .

Part 4

Allowed use

Requirements for the allowed use

§ 44. (1) Aircraft may be used for the first time and subsequently in the flight only if:

1.		the registration form (model 1 of the Annex A ),
2.		the certificate of airworthiness (model 2 of the Annex A ), or the special certificate of airworthiness (model 3 of the Annex A ),
3.		the certificate of application (model 5 of the Annex A ),
4.		the certificate of verification (model 7 of the Annex A ) and
5.		where applicable, the noise certificate (model of the ZLZV 2005 Annex A) or an exceptional authorization pursuant to the ZLZV 2005 in the respective version
in the case of an aircraft holder.

(2) If an aircraft is a flight permit (§ 42 or § § 20 and 132 of the LFG), this may only be used within the limits of the conditions, deadlines and conditions laid down in the flight authorisation.

(3) Weiters may only use an aircraft in the flight or an aeronautical device if the necessary insurance is valid.

(4) Other provisions which contain additional conditions for permissible use in the flight shall remain unaffected.

(5) The certificates referred to in paragraph 1 and the flight permits referred to in paragraph 2 shall be carried on board by the pilot responsible for each use of the aircraft in flight.

Identification of the lack of conditions for use

§ 45. If the conditions which have led to the issuing of the documents referred to in § 30 (8), § 44 and section 58 (3) are not or are no longer fulfilled, the use of the aircraft in the flight or in the flight shall not be fulfilled. of the synthetic flight training device. If the defect is not within the framework of the The competent authority shall, on its own account, determine that the aircraft or the aircraft, respectively, shall be notified by the competent authority of its own motion that the aircraft, or the synthetic flight practising device must no longer be used. At the same time, the return of those in § 30 para. 8, § 44 or § 58 (3) of the documents mentioned above.

Part 5

Maintenance

Terms

§ 46. (1) Maintenance of aircraft or aeronautical equipment within the meaning of this Regulation shall all be carried out in order to ensure the airworthiness or operational performance of the maintenance of the proper construction and operating conditions to understand the work required. Maintenance shall include one or more of the following: maintenance, repair, alteration, replacement, overhaul, inspection or impourment.

(2) The maintenance (line maintenance) shall be carried out in accordance with the maintenance instructions and shall include, where the qualifications of an aircraft product are sufficient and no special means are required,

1.		the maintenance and control of the aircraft, the engine and the equipment,
2.		the repair of airworthiness defects at the aircraft, engine or equipment;
3.		The installation and expansion of the construction and components of the aircraft, engine and equipment and
4.		simple modifications of the aircraft, engine and equipment.

(3) The repair shall be carried out in accordance with the repair instructions and shall include:

1.		the work going beyond the maintenance of the aircraft, the engine and the equipment used for the care and control or the repair of defects, provided that special qualifications (class I aircraft) or special qualifications are required are required, and
2.		The installation and expansion of the construction and components of the aircraft, engine and equipment, in so far as it is not an installation and extension within the meaning of paragraph 2 (2) (3).

(4) Any modification shall be carried out in accordance with the approved amendments and shall include all work on the aircraft, on the engine and on the equipment by which a particular type is modified or supplemented in its construction or construction characteristics (modification). Major changes are those which have a significant influence on the structure, the control or the operation as well as on the function of the systems of an aircraft.

(5) The overhaul shall be carried out in accordance with the maintenance instructions and shall include the inspection as well as the replacement of components for the extension of the service life of an aircraft or aircraft.

(6) The inspection shall be the determination and assessment of the condition of an aircraft or aeronautical device.

(7) Maintenance and control work, for which the qualification of an aircraft product is not required, such as supply of operating materials, checking of operating pressures, cleaning, pre-flight controls and the like, shall not be covered by the Term maintenance. They may be carried out by persons who, because of their training, are familiar with such work (in particular as a pilot or on the basis of a special briefing).

(8) With regard to maintenance, aircraft of simple design are aircraft with a maximum permissible take-off mass of less than 2 730 kg, which comply with the following requirements:

1.		Single-engine power with a maximum of 186 kW (250 hp) of starting power,
2.		no pressure cabin as well as
3.		no drawing-in landing gear.

Implementation of maintenance work

§ 47. (1) An aircraft may only be used if the necessary maintenance work to be carried out by the aircraft holder is duly completed. All maintenance work must be carried out in accordance with the approved maintenance programme (section 48 (2)).

(2) The maintenance of aircraft and their construction and components, which shall:

1.		may be operated in accordance with Section 2 (1) (1) (1)
a)			to carry out, for aeroplanes, helicopters and airships, a maintenance operation approved in accordance with section 52 (2);
b)			carry out a maintenance operation approved in accordance with section 52 (1) or (2) for self-startable motor sailers; and
c)			to carry out, for outdoor and ultra-light aircraft, unmanned aerial vehicles and gliders, a maintenance service approved in accordance with section 52 (1) or (2) or a maintenance assistance operation approved in accordance with section 51 (1);
2.		shall be operated in accordance with Article 2 (1) (2) or (3), or be operated in respect of a transport other than those referred to in Z 1,
a)			shall be carried out by a maintenance service approved in accordance with section 52 (1) or (2) or, where appropriate, by a maintenance aid operation approved in accordance with section 51 (1); or
b)			may also be carried out for gliders outside maintenance operations or maintenance operations, or
c)			may be carried out for aircraft which are operated exclusively pursuant to Article 2 (1) Z 3 within the framework of a club for the training of members of the association, of aircraft maintenance with appropriate maintenance authorization;
3.		may be operated in accordance with Article 2 (1) (4) (4)
a)			to carry out, for aeroplanes above 5700 kg, the maximum permissible take-off mass and for multi-engine helicopters, from a maintenance operation approved in accordance with section 52 (1) or (2); and
b)			carry out a maintenance operation for all other aircraft from a maintenance operation within the meaning of section 52 (1) or (2) or from waiting for aircraft with appropriate maintenance authorization.
Without prejudice to the provisions of § 54, a foreign maintenance permit issued by a State with which a related intergovernmental agreement exists has been issued, a domestic authorisation in accordance with § 52 equal.

(3) Maintenance work (§ 46 para. 2) and inspections (§ 46 para. 6) may only be carried out by aircraft waiting or by aircraft maintenance class I. Class with appropriate authorization or by other persons who are part of a maintenance operation according to § 52 Paragraph 1 or 2 shall be ordered in accordance with a procedure approved by the competent authority. Aircraft warders or proven mechanics may only perform maintenance work under the supervision of an aircraft or aircraft warded I. Class with appropriate authorization, which shall be considered to be an operating air vehicle waiting room.

(4) Maintenance, changes and overhauling (§ 46 (3), (4) and (5)) may only be carried out by aircraft maintenance class I. Class with the appropriate authorization or by other persons who are subject to maintenance operations pursuant to section 52 (1) or (2) of the maintenance procedure. have been ordered by a procedure approved by the competent authority or, in the case of self-startable motor sewers, also of aircraft maintenance with a right to the maintenance of engine seglers, shall be carried out if:

1.		the entire work process in the maintenance manual (§ 48) is fully described or
2.		the amendments have been approved by the competent authority in accordance with Section 32.

(5) Maintenance work on gliders, ultralight aircraft and unmanned aircraft, which may not be operated in accordance with Article 2 (1) (1) (1) (1) (1), and which are not used for transportation, may also be carried out by persons , who are familiar with the work, or who can prove that they have been trained by the aircraft manufacturer or by any one of them, unless otherwise specified in the maintenance manual.

(6) Maintenance work on aircraft constructed and operated at least 51% by an amateur manufacturer for their own use without any commercial intent (amateur aircraft) may be carried out by the amateur manufacturer in accordance with the Maintenance programme to be carried out.

(7) Simple maintenance operations within the meaning of Annex VIII to Part M of Regulation (EC) No 2042/2003

1.		Simple-design aircraft according to § 46 (8) and
2.		Amateur-type aircraft with a maximum permissible exhaust mass of less than 2 730 kg,
which may only be operated for use in accordance with § 2 paragraph 1 Z 4, or which are operated exclusively within the framework of a club for the training of members of the association pursuant to § 2 (1) Z 3 and not for a paid transport , can also be used by the aircraft holder according to M.A.803 lit. a of the sub-M of Regulation (EC) No 2042/2003, if the conditions laid down in point (c) of Regulation (EC) No a Z 2 of Annex VIII to the sub-M of Regulation (EC) No 2042/2003, and the maintenance work in the maintenance programme is defined in accordance with § 48 (2).

(8) Maintenance work on historic aircraft in the sense of the lit. a of Annex II to Regulation (EC) No 216/2008, which may not be operated in accordance with Article 2 (1) (1) (1) (1) (1) (1) (1), may also be used by aircraft without a corresponding Type authorization, provided that they are familiar with the work and, at the request of the aircraft holder, this has been approved by the competent authority.

(9) When carrying out maintenance work, all necessary premises, tools, devices and facilities as well as the documents which have been updated on the basis of the maintenance handbook (§ 48 paragraph 1 Z 1) are always up to date. to use.

(10) The construction and components of the aircraft, engine and equipment may only be installed if their operating activity has been certified (Section 30 (6) to (8)). Non-operating construction and components are clearly to be labelled as such. In the case of aircraft referred to in paragraph 8, the operation of the building and components may be confirmed by an aircraft keeper referred to in paragraph 8 after a corresponding inspection, if at the request of the aircraft holder this is not the case competent authority.

(11) Welding work shall be carried out by certified welders with valid certificates for the methods used and the materials used.

Maintenance Program

§ 48. (1) Maintenance instructions shall include the necessary guidance and information on the type, extent, frequency and time intervals of the maintenance work to be carried out, and on specific controls, and shall include in particular:

1.		the maintenance manual, including the airworthiness linings;
2.		the maintenance intervals,
3.		operating instructions, insofar as they are important for maintenance;
4.		spare parts catalogues and storage regulations,
5.		the switching and wiring plans and
6.		the special instructions of the holder of the type-approval certificate or Change statements (such as Service Letters and Service Bulletins).

(2) A permit shall be requested from the aircraft holder to the competent authority for the maintenance programme to be applied and for its modifications. The maintenance program has to contain

1.		a procedure to determine to what extent the final maintenance instructions issued by the holder of the model authorisation must be taken into account,
2.		the airworthiness instructions in accordance with paragraph 4, respectively,
3.		Airworthinly, as provided for in paragraph 5, to the extent that they are applicable,
4.		intended changes by the aircraft holder,
5.		changes due to changes in the construction state and
6.		where appropriate, appropriate procedures for the modification of the maintenance programme.
A request for approval of the amendments to the maintenance programme shall not be required if these changes are due to the final maintenance handbook issued by the holder of the model authorisation or to the reason of a procedure in accordance with Z 6.

(3) In the case of air carriers, the approval of the maintenance programme shall be governed by the provisions of the Air Transport Operator's Certificate-Regulation 2008-AOCV 2008, BGBl. II No 254, as amended.

(4) Measures which are necessary with a view to maintaining safety, airworthiness or operational activity shall be carried out by the competent audit authority, by means of airworthiness instructions or by means of airworthiness instructions, respectively. To prescribe operating instructions. These instructions shall be carried out electronically and, where appropriate, by electronic means and must be carried out in an aeronautical manner.

(5) General measures with regard to the maintenance of road safety, airworthiness or operational activity are to be provided by the competent authority in the form of information on airworthiness. They shall be made available in an aeronautical manner and, as far as this is possible, by electronic means.

(6) Changes and supplements to maintenance instructions not originating from the development operation pursuant to § 53 (2) shall be submitted by the aircraft holder to the competent authority for approval. This authorization shall be granted on a fixed-term basis, subject to or subject to conditions, in so far as it is in the interests of road safety, airworthiness and/or air-worthiness the operation of the system appears to be necessary.

(7) The authorization referred to in paragraph 6 shall be deemed to have been granted, provided that appropriate procedures are laid down in the maintenance programme (paragraph 2). 2 Z 6) as well as these changes only relate to the order and division of the work to be carried out and thereby the airworthiness of the affected aircraft is not impaired.

(8) Maintenance work pursuant to § 47 (8) and the review of construction and components pursuant to § 47 (10) last sentence must be carried out in accordance with the guidelines for the implementation of these activities to be established by the aircraft holder.

Maintenance manuals

§ 49. (1) Air transport undertakings shall draw up a maintenance operations manual and shall keep them at their last stand. This has to contain

1.		the names of the persons responsible for the proper maintenance of the maintenance;
2.		the procedures governing the responsibilities and quality assurance of the air transport undertaking with regard to maintenance;
3.		the maintenance programme for each type of aircraft used,
4.		the contracts (with the exception of the commercial part) and the organisational procedures for maintenance abroad and on the outside stations,
5.		the control and reporting procedures to be used to remedy defects and malfunctions,
6.		the drawing up of the technical publications to be applied in accordance with § 48,
7.		Guidelines for the implementation of test flights, overflight flights and maintenance flights,
8.		Procedures for the modification of maintenance instructions within the meaning of section 48 (7) and
9.		Method for handling the minimum equipment list.

(2) The maintenance operations manual of a company with its own maintenance assistance facility shall contain, in addition to the information referred to in paragraph 1 (1) (3) to (6)

1.		the duties and responsibilities of all the leading positions in maintenance operations, indicating names and qualifications, and an organizational chart with the division of responsibilities,
2.		the procedures to be followed in the review of the work and the completion of the maintenance certificates (§ 50);
3.		Rules for the proper management of the component and spare parts warehouse,
4.		References to required mass and priority provisions,
5.		Provisions relating to oak and calibration of test and measuring instruments,
6.		general information on the individual premises, their locations and the premises for the technical service,
7.		the samples of all forms used, test records, card cards, test certificates, control lists and the like, and
8.		the procedure for amending the maintenance service manual.

(3) A permit shall be requested from the competent authority for the maintenance operations manual and its modifications.

(4) The authorization shall be conditional, limited or subject to conditions, by the competent authority, in so far as it is necessary in the interests of aviation safety. The competent authority shall be made available to the competent authority free of charge for each copy of the maintenance manual in the last approved version as last approved.

(5) The competent authority may, in order to maintain the safety of the holding, require changes to the maintenance manual for the purpose of new technical findings. It shall revoke the authorisation in accordance with paragraph 3 if one of the necessary conditions for approval is not available or no longer exists.

Maintenance certificates

§ 50. (1) In carrying out maintenance work, the maintenance control lists corresponding to the last state of the maintenance programme shall be used. The works must be divided into these maintenance control lists for each type, separately according to the assemblies of the aircraft, engines and equipment, and their components, in operations, and in key words, referring to the the corresponding maintenance program. For non-schematic work, such as error search, repairs and the like, work sequence sections are to be recorded in a reasonable manner.

(2) In order to confirm that the maintenance work has been carried out in accordance with the provisions of § § 47 to 50 (1), the implementing authorized persons shall individually distinguish the operations which have been carried out by them.

(3) In addition, at least one of the persons involved in the work, pursuant to Section 47 (3) to (5), shall have the right to be granted access to the maintenance control lists for the maintenance of the respective maintenance. the completion of the maintenance work must be carried out, the complete execution of all the work after the last valid maintenance programme at the end of the maintenance control list, or of the employment report by their signature (maintenance certificate). Paragraph 10, second sentence, shall apply mutatily. This certificate may also be issued on a separate sheet, on which the maintenance control list or the working report is exactly what is called. The procedure for issuing a release certificate in accordance with JAR-145/Sub-145 of Regulation (EC) No 2042/2003 shall be considered as equivalent.

(4) The verification of the proper execution of the maintenance work pursuant to § 46 (3) to (5) shall be carried out by persons appointed for this purpose, who shall have the right to carry out the maintenance work that has taken place. Through their signatures on the maintenance certificate, these persons have to confirm the conformity of the maintenance implementation with the last-valid maintenance programme and the professional execution of the work. The procedure for issuing a release certificate in accordance with JAR-145/Sub-145 of Regulation (EC) No 2042/2003 shall be considered as equivalent.

(5) Maintenance certificates for maintenance work on gliders, ultralight aircraft, unmanned aerial vehicles, amateur construction aircraft and outdoor pools, as well as aeronautical equipment in accordance with § 5 Z 1 to 4 and 6, which shall be included in these Aircraft may also be issued by persons who are entitled to carry out the maintenance work pursuant to § 47 (5) and (6).

(6) On maintenance work pursuant to § 47 (7), the maintenance certificate must be issued by the aircraft owner, who carried out the maintenance work. This must be entered in the flight log book and has the essential information on the maintenance carried out and the date on which the maintenance was completed and the name of the aircraft holder who carried out the maintenance, to be included.

(7) Maintenance certificates relating to maintenance work on historic aircraft and experimental aircraft within the meaning of Annex II to Regulation (EC) No 216/2008 may also be issued by persons who, in accordance with Article 47 (8) of Regulation (EC) No Implementation of the maintenance work is justified.

(8) If maintenance work (Section 46 (3), (4) and (5)) is carried out under the guidance of a specialist authorised by the manufacturer, the manufacturer must also confirm the professional maintenance procedure on the maintenance certificate.

(9) Maintenance certificates, which are also to be considered as a certificate of operational activity in accordance with Article 30 (6), shall have at least information on the issuing holding, the name of the object, the working environment, the determination of the to include the holding, the date and the stamp as well as the signature of the person responsible for this purpose.

(10) With the issue of the maintenance certificate, the persons responsible for the signature in accordance with para. 2 to 8 confirm that the maintenance work has been duly completed. However, a maintenance certificate shall not be issued if, during the maintenance work, defects have been found in other parts than those on which the maintenance was carried out and, in the event of non-compliance, the maintenance certificate shall not be issued. Airworthiness is no longer given. The aircraft holder shall be notified of all identified and unresolved defects. § 3 (4) Z 3 shall apply.

(11) In the case of aircraft, the persons obliged to draw up the maintenance certificate pursuant to paragraphs 3, 4, 5 or 7 shall also have immediate effect in the flight log book or in a corresponding flight and maintenance log of the aircraft by: Registration of the nature of the maintenance, the fixing of the defect and the date of the next predeterminable maintenance, accompanied by the signature and, if necessary, the number of their goods, the clarity of the flight in relation to the Maintenance. This certificate may be issued either by one person only in accordance with § 47 (3) to (6) and (8), which has the right of maintenance for all subject areas of the corresponding aircraft type, or of a number of them for their respective types of aircraft. Subject direction.

(12) The maintenance certificates shall be included in the records of the maintenance of airworthiness (§ 55) by the aircraft holder. Maintenance firms shall keep their second copy of the maintenance certificates for at least five years.

(13) Maintenance certificates referred to in paragraphs 2 to 8 may also be issued in some other way for certain work if this is carried out in an operation approved in accordance with Section 52 and in the maintenance operations manual for that purpose. , equivalent arrangements are included.

Maintenance aid

§ 51. (1) In so far as air transport undertakings, civil aviation schools and aircraft rental companies themselves wish to carry out maintenance operations, they shall apply for a permit to the competent authority. (maintenance aid). § 47 shall remain unaffected. The application shall contain, in particular, information on the location of the company, the company name, the extent of the authorisation requested, and the names of the personnel responsible and their function. The application must also be accompanied by the maintenance operations manual (§ 49).

(2) Prior to the granting of an authorization pursuant to paragraph 1, oral proceedings shall be held at the place of the establishment. On the basis of the maintenance manual, it is necessary to examine the extent to which the operation requested corresponds to the intended scope of the operation.

(3) The authorization referred to in paragraph 1 shall be granted where:

1.		the necessary, appropriate, reliable (§ 32 LFG) and staff employed in the operation are available,
2.		the procedure in the training of aeronautical staff shall ensure the teaching of the theoretical and practical knowledge required for the work, as well as the knowledge of the working methods to be applied,
3.		the procedure to ensure compliance with the maintenance requirements and the test procedure to be sufficient (e.g. a simplified quality assurance system),
4.		ensure that the maintenance manuals are kept up-to-date and are available to the staff required to carry out their tasks;
5.		shall ensure that the holding shall notify the competent aviation authority of all the conditions which it has established on the aircraft or on an aircraft component, which are likely to endanger the safety of the aviation sector;
6.		the equipment, tools and spare parts necessary for carrying out the work are available,
7.		the workplaces provide a reliable and professional work, and
8.		the storage facilities are designed such that the condition necessary for the safety of the usable parts is always given.

(4) Maintenance auxiliaries shall have one or more managerial staff (technical managers) who can demonstrate at least three years of practical activity as an aircraft maintenance officer I. Class in the execution of maintenance work; and To order suitable persons (section 50 (4)) for the control of the work pursuant to § 46 (3) to (5). The activity shall be based on those species or types of aircraft for which an authorisation has been requested in accordance with paragraph 1. In the maintenance of self-startable motor seaters, the function of the technical manager can be exercised by an aircraft keeper with appropriate authorization and at least three years of practice after receipt of the authorization. In the case of maintenance of the aircraft in accordance with Section 47 (5), the requirement of the aircraft cover is not valid for technical managers.

(5) The authorization to be granted in writing has to be included in accordance with paragraph 1.

1.		which maintenance work and, where appropriate, other activities may be carried out, and
2.		the types and types of aircraft and aeronautical equipment which may be maintained.
The authorization shall be conditional, limited or subject to conditions, in so far as it is necessary in the interests of aviation safety, in order to ensure the proper conduct of the work and with a view to technical development. is. It shall be revoked if any of the conditions required under (3) or (4) is not or has not been fulfilled, or has been infringed on obligations or obligations under this Regulation. The competent authority may, before revocation of the authorization, prohibit the holding from setting a deadline for the correction of the defect.

Maintenance

§ 52. (1) Maintenance operations may only be carried out with the authorization of the competent authority. On request, maintenance undertakings shall be approved by the competent authority if they fulfil the conditions laid down in Article 51 (3) and (4). § 49 (1) (5) to (8) and § 49 (2) to (5) shall apply mutatily.

(2) On request, maintenance operations shall be authorised by the competent authority, in the presence of the conditions, in accordance with the European rules for the approval of a maintenance operation (JAR-145/Sub-145 of Regulation (EC) No 1451/12). 2042/2003).

(3) § 51 (2) and (5) shall apply in accordance with the consent procedure provided for in paragraphs 1 and 2 of this Article.

(4) An authorisation in accordance with paragraph 1 or 2 shall be revoked by the competent authority if any of the necessary conditions of approval are not or no longer exist, or subject to conditions or to an obligation under this Regulation or JAR-145/sub-145 of Regulation (EC) No 2042/2003 has been infringed. The competent authority may, before revocation of the authorization, prohibit the holding from setting a deadline for the correction of the defect.

Development and manufacturing companies

§ 53. (1) Development and manufacturing operations may only be carried out with the authorisation of the competent authority. On request, development and manufacturing operations shall be approved by the competent authority if they fulfil the conditions laid down in § 51 (3) and (4). § 49 (1) (7) and (8) and 49 (2) to (5) are to be applied in a reasonable way.

(2) Development and manufacturing operations shall be granted, on request, by the competent authority, in the presence of the requirements, in accordance with the European rules for the approval of development and manufacturing operations (JAR-21-resp. Part 21 of Regulation (EC) No 1702/2003).

(3) § 51 (2) and (5) shall apply in accordance with the consent procedure provided for in paragraphs 1 and 2 of this Article.

(4) An authorisation in accordance with paragraph 1 or 2 shall be revoked by the competent authority if any of the necessary conditions of approval are not or no longer exist, or subject to conditions or to an obligation under this Regulation or JAR-21/Part 21 of Regulation (EC) No 1702/2003 has been infringed. The competent authority may, before revocation of the authorization, prohibit the holding from setting a deadline for the correction of the defect.

(5) The development of an aircraft or an aeronautical equipment, other than amateur and ultra-light aircraft, may only be carried out by a development operation, as approved by the competent authority, in accordance with paragraph 1 or 2.

(6) The manufacture of an aircraft or aeronautical equipment, other than amateur aircraft, may only be carried out by a manufacturing plant approved by the competent authority in accordance with para. 1 or 2. This shall not apply to ultra-light aircraft if they are manufactured in accordance with a recognised industry standard.

(7) On request, the competent authority may extend the authorization of a holding approved in accordance with paragraph 1 to the supervision of the conditions of the construction permit for the limited design examination and for the manufacture of amateur-type aircraft, if the conditions pursuant to § 51 (3) and § 49 (2) to (5) are fulfilled in a meaningful way. The provisions of paragraphs 3 and 4 shall apply.

Maintenance work outside the federal territory

§ 54. (1) Maintenance work on aircraft and their construction and components may only be carried out without the approval of the competent Austrian authority outside the Federal territory if the foreign maintenance operation has been completed by a Approval or recognition in accordance with the provisions of JAR-145 and/or Part-145 of Regulation (EC) No 2042/2003, or an intergovernmental convention on the mutual recognition of maintenance work, is in force with the State concerned. For maintenance work with other foreign maintenance companies, the aircraft holder must apply for an authorization from the authority referred to in paragraph 2 above. This authorization shall be granted if the foreign maintenance operation fulfils the requirements of section 52 (1) in a reasonable manner and reciprocity is ensured. In the case of § 47 paragraph 2 Z 2 lit. b and Z 3 lit. b can also be granted maintenance outside a maintenance operation, if the conditions of § 47 are fulfilled in a reasonable way. For the maintenance of aircraft, including their construction and components, which may be operated in accordance with Article 2 (1) Z 1, the foreign maintenance operation also has the requirements of the provisions of JAR-145 and/or Part-145 of Regulation (EC) No 2042/2003. This condition is not necessary for the air vehicle garden mentioned in § 47 (5).

(2) The authorization referred to in paragraph 1 shall be granted

1.		for the aircraft garden, for which BGBl regulation is applicable. N ° 394/1994, as amended, which has been transferred to the Austrian Aero Club by the Austrian Aero Club, and the Austrian Aero Club, and
2.		for all other aircraft from the Austro Control GmbH.

(3) Maintenance certificates relating to work carried out outside the territory of the Federal Republic must contain at least the information in accordance with § 50.

(4) The provisions of paragraph 1, second sentence, may be waited if appropriate procedures approved by the competent authority referred to in paragraph 2 have been established in the maintenance operations manual.

Records on the maintenance of airworthiness of the aircraft

§ 55. (1) After completion of maintenance work, the associated maintenance certificates must be carried out in accordance with § 50 or Section 54 (3) shall be inserted in the documents relating to the maintenance of the airworthiness of the aircraft in accordance with paragraph 2.

(2) The records relating to the maintenance of airworthiness of the aircraft must consist of the following elements:

1.		an aircraft flight log book,
2.		one or more motor logbooks or the running cards of the engine assemblies,
3.		the technical brothbook,
4.		one or more logbooks or running cards for propellers and
5.		the running cards for components with lifetime limitation.

(3) In the aircraft boarding books, the aircraft design and the mark, the date together with the total flight time and/or the flight cycles and/or the landings must be registered.

(4) The records of the maintenance of the airworthiness of the aircraft shall contain the following information:

1.		the valid status of the airworthiness instructions; Airworthinly notices (§ 48 (4) and (5)),
2.		the valid status of the changes and repairs,
3.		the current status of the maintenance programme at the time of the implementation of the work;
4.		the valid state of the components with lifetime limitation,
5.		the current weightreport and
6.		the list of postponed maintenance work.
The entries shall be made as soon as this is possible, but no later than 30 days after the completion of the maintenance work.

(5) In addition to the release certificate or an equivalent certificate (§ 30 para. 6), the following information relevant for all installed components must be included in the respective motor or propeller logbook, the travel card for the engine assembly or for life-cycle components:

1.		the identification of the component,
2.		the model, the model number and the licence plate of the aircraft to which the component concerned has been incorporated, together with the reference to the installation and removal of the component,
3.		the total operating time and/or flights and/or landings and/or cycles and/or calenders currently applicable to the component concerned, where applicable, and
4.		the information provided for the component referred to in paragraph 4.

(6) The aircraft holder shall control the records of the maintenance of the airworthiness of the aircraft and shall submit it to the competent authority at its request.

(7) All entries in the records relating to the maintenance of the airworthiness of the aircraft must be clear and accurate. If it is necessary to correct an entry, the correction must be done in a way that clearly shows the original entry.

(8) The aircraft holder must ensure that a system is set up to keep the records set out below for the prescribed periods:

1.		all detailed maintenance records for the aircraft and for components installed therein, having a limited service life, for at least 24 months after the aircraft or component has been put out of service in the long term,
2.		as appropriate, the total time and/or the total number of flights of the aircraft and all life-limited components for at least 12 months after the aircraft or component has been put out of service on a permanent basis,
3.		as appropriate, the time and/or the number of flights since the last scheduled maintenance of the component, for which a permissible operating time is indicated until the next maintenance, but at least until the maintenance of the component a further scheduled maintenance of an equivalent volume and equivalent depth followed,
4.		the state of compliance with the maintenance programme, so that conformity with the approved aircraft maintenance programme can be established, but at least up to the control of the aircraft or component; followed by continued scheduled maintenance of an equivalent scale and depth,
5.		the valid status of the airworthiness instructions to be applied to the aircraft and the component at least 12 months after the aircraft or component has been put out of service on a permanent basis; and
6.		Details of current changes and repairs to the aircraft, engine (s), propeller (s) and all other components essential to the airworthiness shall be at least 12 months after they have been put out of service in the long term.

(9) Foreign-language documents in the records of the maintenance of airworthiness, with the exception of English, are to be followed by certified translations in German.

(10) If the technical flight book of an air carrier contains all the records referred to in paragraphs 2 to 5, the separate management of such records may be waived.

Transfer of the records of the maintenance of the airworthiness of the aircraft

§ 56. (1) The previous aircraft holder must ensure that, when an aircraft is handed over to a new aircraft holder in the long term, the records of the maintenance of airworthiness in accordance with § 55 and, where appropriate, the Technical flight book of the air carrier shall also be handed over.

(2) The time-limits prescribed for the storage of the documents shall continue to apply to the new aircraft holder or to the new aircraft holder. the new air carrier.

Organization to manage the maintenance of airworthiness

§ 57. Establishments which have a permit according to M.A. 711 lit. a Z 1 of Annex I subsection G of Regulation (EC) No 2042/2003 may also apply for the organisation of the maintenance of airworthiness in accordance with Article 3 (6) of the aircraft referred to in Annex II of the Regulation (EC) No 216/2008. This authorisation shall be granted by the competent authority, subject to appropriate application of the conditions set out in Annex I, subsection G of Regulation (EC) No 2042/2003.

Part 6

Community legislation

General

§ 58. (1) As far as provisions relating to the airworthiness of civil aircraft or the operation of civil aircraft and the approval or revocation of development, production and maintenance operations in Regulation (EC) No 216/2008 establishing common rules in the field of civil aviation and on the establishment of a European Aviation Safety Agency, repealing Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, OJ L 136, 30.4.2004, p. No. 1., and Regulation (EC) No 1702/2003 laying down detailed rules for the granting of airworthiness and environmental events, and for the approval of development and manufacturing operations, OJ L 79, 19.3.2003, p. No. 6., and Regulation (EC) No 2042/2003 on the maintenance of the airworthiness of aircraft and aeronautical products and the granting of authorisations for organisations and persons making them available to them, Carry out activity, OJ C 327 No. 1., these are binding in the version in force.

(2) The competent national authority within the meaning of the Community provisions referred to in paragraph 1 shall be Austro Control GmbH.

(3) Within the scope of the provisions of Community law referred to in paragraph 1, an aircraft may be used for the first time and subsequently in flight only, without prejudice to the provisions of § § 59 (2) and (61), if:

1.		the registration form (model 1 of the Annex A ),
2.		the certificate of airworthiness (EASA Form 25) or a restricted certificate of airworthiness (EASA Form 24),
3.		the certificate of airworthiness testing (EASA Form 15a or 15b),
4.		the certificate of application (model 5 of the Annex A ),
5.		the noise certificate (EASA Form 45) and
6.		the necessary insurance
in the case of the aircraft holder, the aircraft is operated in the context of the certified use and navigation type and the operational safety is provided.

(4) If an aircraft has been granted a flight permit (Permit to Fly-EASA form 20a and 20b), it may only be used within the limits of the conditions, the time limits and the conditions laid down in the flight authorisation.

(5) Before issuing the certificates referred to in paragraph 3 (2) and the flight authorisation referred to in paragraph 4, the competent authority referred to in paragraph 2 shall examine whether the necessary insurance is in force.

(6) The assessments referred to in paragraph 3, as well as the flight authorisation referred to in paragraph 4, shall be carried on board by the pilot responsible for each use of the aircraft in flight.

(7) Where the holder of a permit issued in accordance with Regulation (EC) No 2042/2003 is considered to be a maintenance or maintenance operation, a permit issued in accordance with Regulation (EC) No 1702/2003 as a manufacturing plant shall also be approved as a maintenance or maintenance authorisation. In accordance with § § 52 and 53, the competent authority may depart from the execution of a separate investigation procedure and the grant of a separate authorisation, provided that the conditions for the granting of the authorization are met by the in accordance with Regulation (EC) No 2042/2003, or 1702/2003. This shall be sufficient to permit the appropriate adaptation of the respective manuals and procedures by the competent authority.

Application of national provisions

§ 59. (1) In the case of the liability of the Community provisions in accordance with Section 58 (1), § 2 (1) to (5), (6) shall remain in respect of the operating rules of the aircraft, as well as paragraphs 7 to 9, § 3 (1) to (4), § § 6 to 21, § § 23 to 29, § 30 Paragraph 1 and 2 as regards the certificate of use, paragraph 5 and, where applicable, paragraph 6, § 31 (3) and (4), as well as paragraph 6, § 34 paragraph 2, § 38 analogy, § 40 (1) (6) and (7), § 41 sensual, § § 42 and 43, § 44 (7), § § 45 and 46 (1). up to 7, § 47 (1), § 48 (4) and (5), as well as § § 78 and 79.

(2) In accordance with Article 7 (3) of Regulation (EC) No 2042/2003, the following shall apply:

1.		For aircraft which must not be operated within the framework of an air carrier (Article 102 (2) of the LFG),
a)			§ § 3 (5), 40, 46 to 52, 54, 55 and 56 shall continue to apply until the end of the 27 September 2009;
b)			applications for an authorization pursuant to subsection F of Annex I to Regulation (EC) No 2042/2003 may be submitted from 1. Jänner 2006, but then at least six months before the expiry date of the respective national authorisation in accordance with § 51 or § 52 in the case of the competent authority in accordance with Section 58 (2);
c)			applications for authorisation of the maintenance programme referred to in subsection C of Annex I and for an authorization pursuant to subsection G of Annex I to Regulation (EC) No 2042/2003 may be submitted from 1. Jänner 2006 shall be submitted to the competent authority pursuant to § 58 (2).
		As soon as an entitlement is obtained in accordance with the provisions of Regulation (EC) No 2042/2003, all other provisions relating to that entitlement shall also be applied in accordance with Regulation (EC) No 2042/2003;
2.		For aircraft which may be operated within the framework of an air carrier (Article 102 (2) of the LFG),
a)			§ 40 may continue to be applied until the end of 27 September 2008;
b)			Applications can be submitted for authorization according to M.A.711 lit. (b) for establishments referred to in subsection G of Annex I to Regulation (EC) No 2042/2003, as from 1. January 2006 shall be submitted to the competent authority in accordance with Section 58 (2);
3.		In the case of aircraft over 5 700 kg of maximum permissible emissions, which are maintained in an operation approved in accordance with Part-145 of Regulation (EC) No 2042/2003, § 47 (3) and (4) and § 50 (13) to the expiry of 27 September 2006 continue to be applied;
4.		For aircraft of up to 5700 kg maximum permissible take-off mass, which must not be operated within the framework of an air carrier (§ 102 para. 2 LFG), the release certificate may be issued by those persons who have to do so by the end of September 27, 2009 shall continue to be issued until the end of the 27 September 2010, in so far as the maintenance has been carried out in accordance with the provisions of Regulation (EC) No 2042/2003.

(3) Until the end of 27 September 2009, in the case of the importation of a used aircraft from a Member State, the aircraft holder shall apply to the competent authority to carry out an inspection in accordance with Article 40 (1) (8) of the Z 8 if the Provisions of sub-M of Regulation (EC) No 2042/2003 have not yet been applied.

National permits

§ 60. (1) Companies pursuant to § 53 (1) may only be carried on 28 September 2005 for aircraft in accordance with Annex II to Regulation (EC) No 216/2008. Companies in accordance with § 51 and § 52 (1) may only be conducted with 28 September 2009 for aircraft in accordance with Annex II of Regulation (EC) No 216/2008. Pursuant to § 40 (4), § 51 and § 52 (1) for aircraft pursuant to Article 59 (2) Z 1, which are not included in Annex II to Regulation (EC) No 216/2008, only one of the provisions of Section 59 (2) (1) (1) (lit) may be required from 28 September 2008. a or the period of validity corresponding to section 61 (2).

(2) National permits in accordance with the provisions of this Regulation, which are not applicable in accordance with the provisions of the Community law pursuant to § 58 (1) or which do not apply within the time limits referred to in Article 59 (2). The competent authorities of the Member States of the European Parliament and of the Council of Ministers of the European Parliament and of the Council of the European Parliament, of the European Parliament and of the Council of the European Parliament, of the Council of Europe, on the other hand, shall be responsible for the Authority to withdraw.

National documents

§ 61. (1) Within the scope of the provisions of the Community law pursuant to § 58 (1) before the entry into force of the ZLLV 2005, BGBl. II No 424/2005, certificates of airworthiness issued, restricted airworthiness certificates and noise certification certificates shall continue to be valid if the conditions laid down in Article 2 of Regulation (EC) No 1702/2003 are met.

(2) As from 28 September 2008, inspection certificates pursuant to § 40 paragraph 1 Z 4 for aircraft pursuant to § 59 paragraph 2 Z 1, which are not included in Annex II to Regulation (EC) No 216/2008, may only be issued for a period of validity of 12 months are issued. From 28 September 2009, a certificate of the airworthiness test (EASA Form 15a) may be issued by an authorised holding pursuant to § 40 (4) or by the competent authority pursuant to § 80 (1) and (2) after carrying out an appropriate examination. or 15b) shall be issued for a period of validity of 12 months, provided that the conditions for maintaining airworthiness in force as of 28 September 2009 pursuant to Regulation (EC) No 2042/2003 are met.

Part 7

Special provisions for parachutes, hangings and paragliders as well as motorised slopes and paragliders

A. Parachutes, paragliders and paragliders

Labelling concerning airworthiness

§ 62. (1) Parachutes and their components must be clearly legible and the name of the type, year of construction, the serial number, any test standard applied, and the name and address of the manufacturer must be clearly legible and in permanent written form.

(2) The name of the type, the year of construction, the serial number, any test standard used and the name and address of the type, year of construction, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the serial number, the manufacturer. In addition, in the case of suspension and paragliding surfaces, the minimum and maximum starting mass, in the case of harness and paragliders, are the maximum pilot mass, in the case of rescue systems for suspension and paragliding, the maximum towable mass.

Requirements for the allowed use

§ 63. (1) Parachutes, as well as slopes and paragliders may be operated only if the manufacturer has confirmed that the operational safety according to the state of the art is based on the design and technical equipment, and the Aircraft holders in accordance with the specifications in the Operations Manual or Maintenance manual, which the manufacturer has to make available, is responsible for the continued existence of airworthiness. Parachutes, as well as slopes and paragliders may only be operated in accordance with the types of uses and uses specified by the manufacturer in the Operations Manual, operating requirements and operating restrictions.

(2) existence of parachutes, as well as slopes and paragliders made up of components of several manufacturers, each of which has to be issued with a confirmation in accordance with paragraph 1, shall be permitted only if the compatibility of the components from the components of the in particular operating manuals, or at least one manufacturer confirms the compatibility of the components.

(3) The manufacturer shall be allowed to confirm the air or the air. If the operating and maintenance instructions necessary for the safe operation of the aircraft are available, only the operating and maintenance instructions are to be provided. The operating and maintenance instructions must provide the necessary guidance and information on the nature, extent, frequency and time intervals of the maintenance and inspection work to be carried out, and on specific checks . The manufacturer must keep the construction documents and test reports required for the verification of compliance with the standards applied and, in the interests of the safety of the aviation sector, at the request of the competent supervisory authority in accordance with § 79 .

(4) Weiters may only use parachutes, as well as slopes and paragliders in the flight, if the markings are made in accordance with § 62 and the necessary insurance is valid.

Maintenance

§ 64. Maintenance work on parachutes and ladders and paragliders and their components may only be carried out by persons who are familiar with the work or who have received a corresponding training from the manufacturer or from one of the following: can be verified by the manufacturer, the operating and maintenance instructions issued by the manufacturer must be observed in the last version. The aircraft holder shall ensure that the maintenance and inspection work is carried out on schedule. The execution of the maintenance and inspection work shall be confirmed by the executing person in the records (§ 75).

Community legislation

§ 65. In so far as rescue parachutes and their harness fall within the scope of Regulation (EC) No 216/2008, the relevant provisions are in accordance with Regulation (EC) No 1702/2003, Part 21, and Regulation (EC) No 2042/2003, Part M, ,

B. Motorized Hangings and Paragliders

Registration and labelling of motorised slopes and paragliders

§ 66. (1) For motorised slopes and paragliders, the aircraft register shall be in the form of simple lists. § § 6 (4), 7, 9 (1) and (10) shall apply in a reasonable way.

(2) Motorised slopes and paragliders used in the lists referred to in paragraph 1 or used in the framework of test flights or test flights must be labelled accordingly. The provisions of § 12, § 13 (1), (3) and (4), § 14 (1) to (3) and (5), § 17, § 18, § 19 and § 21 are to be applied. The entry character has to consist of a four-digit numeric group. An identifier may only be assigned to an aircraft, the number of the marks being allocated for each lift surface. The mark must be applied in the appropriate application of Article 15 (2) and (3) to suitable surfaces.

Certificates and labelling relating to airworthiness

§ 67. (1) In addition to the requirements laid down in § 62 (2), the name of the type, year of construction, the serial number, and any other application must be clearly legible on the drive units of motorised suspension and paragliding ladders. the test standard and the name and address of the manufacturer.

(2) The competent authority shall, at the request of the aircraft holder for motorised hangings and paragliders, and their components, shall have the necessary insurance after the proof of the necessary insurance has been established

1.		an airworthiness certificate according to the model 3 of the Annex A (special certificate of airworthiness), provided that the airworthiness has been determined on the basis of an examination in accordance with Section 68 (1), and
2.		after the examination has been carried out in accordance with § § 68 and 69, if all conditions are met, the stock or Continued existence of airworthiness by issuing a certificate of verification in accordance with the model 7 of the Annex A to confirm. In the case of the periodic inspection, the verification certificate can also be issued by an authorized company pursuant to § 69 (2) after the examination has been carried out in accordance with § 69.

First-time determination of airworthiness

§ 68. (1) Prior to the first entry into service of the motorised suspension and paraglider, the aircraft holder shall apply to the competent authority for the purpose of examining whether:

1.		it has been duly confirmed by the manufacturers of the individual components that the operational safety according to the state of the art is ensured on the basis of the design and the technical equipment,
2.		the necessary operating and maintenance instructions are correct (section 63 (3)) and
3.		an orderly proof that the aircraft complies with the requirements of the ZLZV 2005 noise compliance requirements.
The competent authority shall also verify that the compatibility of the components on the basis of the respective manuals or on the basis of a confirmation by the manufacturer of the motorised suspension or paraglider that the operational safety shall be carried out in accordance with the The present state of the art on the basis of its design and technical equipment is available. The provision of section 42 (2) shall be applied in a reasonable way.

(2) The competent authority shall issue a test report on the examination referred to in paragraph 1. Section 31 (3) to (5) shall apply mutatily.

(3) At the end of the test, a certificate shall be drawn up by the competent authority, provided that the aircraft does not already have a corresponding identification sheet. The third and fourth sentence of Section 35 (1) shall apply mutatily.

Afterchecks

§ 69. (1) For motorized slopes and paragliders, repair or overhaul operations which influence airworthiness shall be carried out at periodic intervals of 24 months from the date of the examination in accordance with Section 68 or of the last periodic review (reference date) for the determination of the continued existence of the airworthiness of the aircraft holder to the competent authority to carry out an inspection. The provisions relating to the verification pursuant to Section 40 shall apply mutatily to the conduct of this test. In the case of periodic inspection, the aircraft holder may also have the inspection carried out by an operation authorised in accordance with paragraph 2.

(2) The Federal Minister for Transport, Innovation and Technology, on request, has the responsibility for carrying out the periodic review in accordance with Section 40 (5) to an operation approved in accordance with § 72. transfer. § 40 (6) and (7) shall apply.

(3) For reasons of aviation security, the competent authority shall be able to set shorter intervals for the periodic review with a decision.

(4) Periodic review may take place without effect on the date of the following periodic review in a period of three months before no later than three months after the date determined by the reference date. The test can also be carried out prior to the periods mentioned above. In this case, the reference date will be redefined. The date of implementation of the next periodic examination shall be entered in the proof-of-examination certificate.

(5) After the completion of the investigation, a corresponding test report shall be drawn up and the applicant shall be immediately informed of the outcome of the examination and any further requirements which may be required. § 41 shall apply mutatily.

Identification of the lack of conditions for use

§ 70. (1) If the conditions which have led to the issuing of the assessments referred to in section 67 (2) are not fulfilled or no longer fulfilled, the provisions of § 45 shall apply mutadenly.

Requirements for the allowed use

§ 71. Motorized slopes and paragliders may be used for the first time and subsequently in flight only if:

1.		a mark (section 66 (2)) and a nameplate of the manufacturer have been affixed in accordance with section 67 (1),
2.		the special certificate of airworthiness (model 3 of the Annex A ),
3.		the certificate of verification (model 7 of the Annex A ),
4.		if applicable, the noise certificate (model according to Annex A of the ZLZV 2005) or an exceptional authorization pursuant to the ZLZV 2005 in the respective version, and
5.		the operating and maintenance instructions issued by the manufacturer
in the case of an aircraft owner, and the aircraft is properly maintained in accordance with the specifications in the operating or maintenance manual, and the necessary insurance is valid. The certifications according to Z 2 to 4 shall be carried by the responsible pilot on board in the case of any use of the aircraft in flight.

Maintenance facilities and maintenance services

§ 72. (1) Maintenance auxiliaries and maintenance operations for motorized suspension and paragliders shall be approved by the competent authority upon request if they satisfy the conditions laid down in Article 51 (3) and a technical manager who shall: can demonstrate at least three years of practical work in the execution of maintenance work and have appointed suitable persons for the control of the maintenance work. § 49 (1) (5) to (7) and § 49 (2) to (5) and section 51 (5) are to be applied in a reasonable way.

(2) An authorisation in accordance with paragraph 1 shall be revoked by the competent authority if any of the necessary conditions of approval are not or no longer exist or are contrary to obligations or an obligation under this Regulation. has been made. The competent authority may, before revocation of the authorization, prohibit the holding from setting a deadline for the correction of the defect.

Maintenance

§ 73. (1) Where maintenance is not carried out on a holding in accordance with § 72, maintenance work on motorized suspension and paragliding ladders and their components may only be carried out by persons who are familiar with the work or who can prove that they have been trained by the manufacturer or by a person who has been authorized by the manufacturer.

(2) The maintenance of motorized suspension and paragliding ladders operated pursuant to § 2 (1) (1) (1) to (3) or for any other charges shall be carried out by a plant approved in accordance with § 72.

(3) In the case of all maintenance work, the operating and maintenance instructions issued by the manufacturer must be taken into account in the last version. The aircraft holder shall ensure that the maintenance and inspection work is carried out on schedule. The execution of the maintenance and inspection work shall be confirmed by the executing person in the records (§ 75).

C. Common provisions

Test and test flights

§ 74. Flights for the testing of parachutes, hangings and paragliders and motorized slopes and paragliders as well as test flights to determine whether such an aircraft is to be regarded as airworthy, except in the case of Section 68 (1), only by the the manufacturer or under the supervision of the manufacturer, provided that the necessary insurance is valid and that the safety of the aviation is not endangered.

Records

§ 75. The holder of parachutes, ladders and paragliders, as well as motorised slopes and paragliders, has records of the relevant operating data of the aircraft (jumps, flight hours, operating hours of the drive unit, etc.) and of the relevant operating data of the aircraft. To carry out maintenance work on the aircraft in a suitable form.

Airworthinties and instructions

§ 76. (1) The manufacturers have the same information as the air or air. The ability to use parachutes, hangings and paragliders, or motorized suspension and paragliding ladders, or their components, shall be disclosed in a suitable manner. Where such information is known to the competent authority, it shall publish it by electronic means.

(2) measures with a view to the maintenance of the air and/or air The operation of motorized suspension or paragliding ladders shall be carried out by the competent authority by means of airworthiness or paragliding. To prescribe operating instructions. These instructions shall be made on electronic means and shall be observed by the aircraft holders.

Responsibilities

§ 77. (1) Parachutes, hangings and paragliders, as well as motorized slopes and paragliders may not be used if facts justify the assumption that their airworthiness or the operational nature of the individual components does not exist is. In operation, the technical and operational equipment for each type of use and operation shall be the one in the Appendix D shall be taken into account.

(2) The aircraft holder shall be responsible for the maintenance of airworthiness and shall ensure that the aircraft is in an airy condition for each use in the flight, the required condition Liability insurance (§ 164 LFG) is completed as well as the operating and emergency equipment required for the operation is correctly installed and ready for operation. In addition, it shall ensure that the necessary maintenance work has been properly carried out and confirmed in accordance with the manufacturer's instructions.

(3) Without prejudice to other provisions, the aircraft holder shall notify the manufacturer of any malfunctions which may be caused by the lack of airworthiness of the aircraft or the operational capability of a component.

(4) Parachutes, hangings and paragliders, as well as motorized slopes and paragliders may not be used for the uses and uses referred to in the Operations Manual if the facts justify the assumption that the operational safety is not or no longer exists for this type of use or type of use.

8. Part

Special provisions and responsibilities

Measures to be taken in the event of imminent danger

§ 78. (1) In cases of identified, imminent danger for road safety of registered or foreign registered and/or foreign registered users. aircraft used in Austria shall have aerodrome owners, aircraft owners, development and manufacturing operations, as well as natural or legal persons to whom an aircraft is responsible for the supervision, safekeeping, commissioning, maintenance or verification, to take all appropriate measures, including those covered by its remit, in order to avert the risk. If these measures are not sufficient for the security of the security, these persons shall immediately notify the aviation authority or the respective supervisory authority (§ 141 LFG and § 79) of the competent authority in accordance with § 171 LFG.

(2) If necessary, the institutions authorised in accordance with Section 171 of the LFG or by the respective supervisory authority may, at the same time, communicate with the aircraft holder or those persons who shall each have the actual control over the affected aircraft, shall take appropriate measures in place. In particular, they may have an immediate ban on the use of the aircraft documents in any case.

(3) If the imminent danger is no longer present, the authority referred to in paragraph 1 shall repeal the measures taken.

Supervision

§ 79. (1) The competent authority responsible for exercising the authority of the competent authority shall be the aerodrome holder, aircraft holder and persons to whom an aircraft has been left to supervise, maintain, commission, maintain or carry out the inspection. supervision as to whether the provisions of this Regulation are complied with, or for the determination of airworthiness in-or foreign-registered aircraft, or Operating in-or foreign-assessed aeronautical equipment

1.		to provide all relevant information,
2.		submit, upon request, all available documentation and operating documents, in particular registration certificates (§ 8), certificates of airworthiness and/or airworthiness, Operating activities (§ § 30 and 71) as well as the noise admissibility, exceptions pursuant to § § 21 and 26 as well as the trial approval pursuant to § 42 para. 1, interim authorisations pursuant to § 20 LFG and permits pursuant to § 132 LFG, the maintenance manual, the maintenance operations manual as well as the maintenance of airworthiness (§ § 55 and 75) and
3.		Access to the aircraft and to all premises and places where aircraft are placed, housed, operated and maintained.
In the case of the transfer of responsibilities in accordance with § § 37, 40 or 69 para. 2, the supervision of Austro Control GmbH or, insofar as aircraft are affected, which fall within the jurisdiction of the Austrian Aero Club, shall be subject to supervision by the latter, , which the Federal Minister of Transport, Innovation and Technology have to report on.

(2) In the case of paragraph 1 Z 3, military airfields shall be informed of the relevant commander's commander prior to entering the military property. For important military reasons, the holder may refuse entry or may grant access authorisation under conditions of military security.

(3) If, except in the case of para. 2, the access or investigation or the exchange of information is refused or the facilities, facilities and documents required as maintenance or operating conditions are not fully available to the If the deficiencies are not remedied within the time limit laid down by the supervisory authority, the authorization shall be revoked. In case of reasonable doubt as to the airworthiness of an aircraft, the aircraft holder shall be requested by the competent authority to immediately carry out an inspection in accordance with § 40 (1) Z 3 or 5, or in accordance with § 69, otherwise the competent authority must inform the competent authority that the aircraft must no longer be used and that the return of the aircraft pursuant to § § 30 (8), (44) or (44) or (44) 58 (3) and (67) (2) are to be required.

(4) The authority responsible for the exercise of the supervisory authority concerned shall ensure compliance with the provisions of this Regulation by means of random checks within the meaning of paragraph 1.

Responsibilities

§ 80. (1) Competent authority shall be the Austro Control GmbH unless otherwise specified.

(2) The Austrian Aero Club is the competent authority in this respect, as the enforcement in its area of responsibility in accordance with the ÖAeC jurisdiction regulation, BGBl. No 394/1994, which is in force in the current version.

(3) Section 58 (2) shall remain unaffected by the provisions of paragraphs 1 and 2.

Part 9

Final provisions

In-and out-of-power

§ 81. (1) This Regulation shall enter into force on 25 May 2010.

(2) The Civil Aviation Vehicle and Aeronautical Equipment Ordination 2005-ZLLV 2005, BGBl. II No 424, shall not enter into force on 24 May 2010.

(3) If, in the case of the allocation of the same label, a change in the markings corresponding to § 65 (3) of the ZLLV 2005 is to be made by the aircraft holder for several open-air envelopes, the competent register authority shall without delay, all the entries of the open-air envelopes of this identification mark and to require the aircraft owner to reserve the registration certificates. Section 10 (4) and (5) shall remain unaffected.

Transitional provisions

§ 82. All modesty and assessments made in accordance with the Civil Aviation Vehicle and Aeronautical Equipment Ordinance 2005, BGBl. II No 424; , they remain valid, without prejudice to the provisions of § § 45 and 61.

Provisions of the Joint Aviation Authorities

§ 83. To the extent that this Regulation refers to provisions of the Joint Aviation Authorities (JARs), the relevant Community legislation applicable to the relevant JAR shall be applied by 1 July 2009. If a corresponding Community law does not exist, the JAR must continue to be applied in the version valid at the end of 30 June 2009 until the date of the release of the JAR file.

References to Community legislation

§ 84. Where reference is made in this Regulation to Community provisions, they shall be applied in their respectively applicable version.

Bures