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Order Of 1 July 2008 Amending Various Provisions Relating To Certificates Of Airworthiness Of Aircraft

Original Language Title: Arrêté du 1er juillet 2008 portant modification de diverses dispositions relatives aux certificats de navigabilité d'aéronefs

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JORF n°0172 of 25 July 2008 page 11970
text No. 1



Judgment of July 1, 2008 amending various provisions relating to aircraft airworthiness certificates

NOR: DEVA0801847A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/7/1/DEVA0801847A/jo/texte


Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Considering the Convention on International Civil Aviation of 7 December 1944, published by the Decree No. 47-974 of 31 May 1947, together with the protocols that amended it, including the Protocol of 30 September 1977 concerning the authentic quadrilingual text of the said Convention, published by the Decree No. 2007-1027 of 15 June 2007 ;
Considering the amended Regulation (EC) No 1592/2002 of the European Parliament and Council of 15 July 2002 concerning common rules in the field of civil aviation and establishing a European Aviation Safety Agency;
Considering the Civil Aviation Code, including articles R. 133-1, R. 133-2 and R. 133-3;
Having regard to the amended decision of 6 September 1967 on the airworthiness conditions of civil aircraft;
Having regard to the amended decision of 28 August 1978 on the classification of airworthiness certificates;
Having regard to the Order of November 22, 1978 on Certificates of Airworthiness;
See?arrested on 14 October 1980 the conditions and procedures for the identification of aircraft and their constituent elements;
Considering the amended decision of 24 July 1991 on the conditions of use of civil aircraft in general aviation;
In view of the decision of 22 September 1998 on the special kit airworthiness certificate (CNSK);
See?arrested on 12 September 2003 Restricted Airworthiness Certificate for Typeless Airworthiness Officers (NRSC);
See?Decree of 15 March 2005 Restricted Airworthiness Certificate (IRB);
See?arrested on 28 February 2006 Restricted Airworthiness Certificate of Collection Aircraft (CNRAC),
Stop it!

Article 1 Learn more about this article...


Certificate of Restricted Airworthiness of Collection Aircraft (CNRAC).
In article 1 of the above-mentioned decision of February 28, 2006, the words "scheduled to the b of the 2° of the B" are replaced by the words "scheduled to the c of the 2° of the B".

Article 2 Learn more about this article...


Limited Aircraft Airworthiness Certificate without Type Airworthiness Officer (NRSC).
The above decision of 12 September 2003 is amended to read:
1.In section 1, the terms "scheduled to the f of the 2° of the B" are replaced by the terms "scheduled to the 2° of the B".
2.In section 4, the terms: "to the service of aeronautical training and technical control (SFACT)" are deleted.
3. Title II is moved before section 3.
4.In section 5, paragraph (b), the words "in accordance with the conditions defined by instruction of the Minister for Civil Aviation" are deleted.
5. Article 6 reads as follows:
"Art. 6.-Validity of the CDNR:
The validity of the CBSC is one year. However, it is set at three years upon request of the owner if the aircraft is continuously maintained in an approved body or by one or more authorized persons who justify appropriate means and experience.
Unless the aircraft has been suspended or withdrawn, a CBSC shall remain valid for the period up to the expiry date on the certificate until the aircraft continues to meet the conditions of this Order. »
6. Article 12 is deleted.
7. Articles 9, 10, 11, 13 and 14 respectively become articles 11 to 15.
8. Under title IV, articles 9 and 10 are inserted as follows:
"Art. 9.-Airworthiness Agreements:
The owner is responsible for obtaining the airworthiness instructions that relate to the type of aircraft or certified aircraft elements that were used as a reference to the construction of the aircraft and installed equipment. It decides on their application. However, the owner applies the airworthiness instructions that the Minister for Civil Aviation specifically imposes on his or her aircraft or equipment.
“Art. 10.-Modifications:
Any significant change or repair of an aircraft holding a CBSC must be submitted to the Minister for Civil Aviation with the demonstration that the modified or repaired aircraft continues to meet the original airworthiness conditions. »
9. Title V is placed before section 11.
10. Section 12 is replaced by the following:
"Art. 12.-Limits of use:
1. Aircraft holding the CBSC shall not:
(a) flights on an expensive basis;
(b) Local flights as provided for in Article D. 510-7 of the Civil Aviation Code;
(c) Training of pilot students with no aeronautical title unless the aircraft is maintained in an approved maintenance organization or by one or more authorized persons who justify appropriate means and experience.
2. Flights must be carried out above the territory of the French Republic, or above the territories that have entered into special agreements with France, or within the framework of a special authorization granted by another State.
3. A plate perfectly legible by the pilot and passengers must be affixed. It bears the following inscription:
" This aircraft flies under a restricted airworthiness certificate regime. It does not meet the conditions for the issuance and maintenance of the normal airworthiness certificate. Its use in an expensive way is prohibited. ”
However, any placard affixed to the requirements of the previous regulations remains valid.
4. The Minister may set any other useful limitation regarding the suitability of the flight or specify on the CBSC any limitations on the original certificate. »
11. It is added titles to the articles as follows:
Object to Article 1;
" Scope of application" in Article 2;
"Eligibility of the aircraft" in section 3;
"Dismissing the CDNR" in Article 4;
"Flight Ability" in Article 5;
"Renewal" in Article 7;
Suspension, withdrawal from Article 8;
"Interview" in Article 11;
"Safety equivalent" in Article 13;
"Terms of application" in Article 14;
"Execution" in Article 15.
12. Title II is replaced by:


« TITRE II



"CNSC DELIVRANCE"


13. Title III is replaced by:


« TITRE III



« VALIDITY, RENEWING,
SUSPENSION ET RETRAIT DU CDNR »


14. Title IV is replaced by:


« TITRE IV



« MANAGEMENT OF THE NAVIGABILITY OF THE AERONEF »


15. Title VI is replaced by:


« TITRE VI



"FINAL PROVISIONS"

Article 3 Learn more about this article...


Special Airworthiness Certificate in Kit (CNSK).
The above decision of 22 September 1998 is amended to read:
1.In section 1, the terms "scheduled to the e of the B" are replaced by the terms "scheduled to the f of the 2nd B".
2. The provisions of section 2 shall be replaced by the following provisions:
"CNSK Class 1 (hereinafter referred to as CNSK 1) may be issued to aircraft constructed from elements of a type-certified aircraft, meeting one of the following definitions:
Class 1A: single-engine aircraft, including the number of seats on the pilot, is limited to 4, of maximum take-off weight less than or equal to 1,400 kg, of maximum continuous power less than or equal to 190 kW and of maximum take-off and landing distances less than 600 m;
Class 1B: glider whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight less than or equal to 750 kg;
Class 1C: motorized glider whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight equal to or less than 850 kg and whose weight ratio is less than 3 kg / m 2;
Class 1D: aerostat whose number of seats, including that of the pilot, is limited to 4 and payload less than or equal to 450 kg;
Class 1E: rotorcraft whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight less than or equal to 700 kg.
Class 2 CNSK (hereinafter referred to as CNSK 2) may be issued to aircraft constructed from the elements of a reference aircraft, meeting one of the following definitions:
Class 2A: single-engine aircraft, including the number of seats, is limited to 4, of maximum take-off weight less than or equal to 1,000 kg, of maximum continuous power less than or equal to 150 kW and of maximum take-off and landing distances less than 600 m;
Class 2B: glider whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight less than or equal to 750 kg;
Class 2C: motorized glider whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight equal to or less than 850 kg and whose weight ratio is less than 3 kg / m 2;
Class 2D: aerostat whose number of seats, including that of the pilot, is limited to 4 and payload less than or equal to 450 kg;
Class 2E: rotorcraft whose number of seats, including that of the pilot, is limited to 2 and maximum take-off weight less than or equal to 700 kg. »
3. The provisions of Article 10 shall be replaced by the following provisions:
" Flights to verify the essential technical characteristics of the aircraft are carried out in accordance with the verification program. The monitor corrects any mounting defects to the satisfaction of the verification program.
Any incident involving the airworthiness of the aircraft shall be transmitted promptly to the kit provider and to the Minister for Civil Aviation. Verification flights only resume when a satisfactory solution is provided.
After checking flight satisfaction, endurance flights must be carried out.
These flights include:
(a) 5 flight hours and 15 landings for aircraft to be issued a CNSK 1;
(b) 15 flight hours and 50 landings for aircraft to be issued a CNSK 2.
The endurance flights must take place without incident and do not result in any intervention other than the operations required by the current maintenance.
Any incident involving airworthiness shall be noted on the record of flight and ground tests. If this incident involves the safety and design of the aircraft, it must be notified within fifteen days by the shipper to the supplier and Minister for Civil Aviation.
During the flight tests, the overflight of the agglomerations, apart from the strictly necessary manoeuvres for take-off and landing, and participation in any public show are prohibited. »
4. Title IV is deleted.
5. Titles V to IX become titles IV to VIII.
6. Title IV is replaced by:


« TITRE IV



« VALIDITY, RENEWING,
CNSK SUSPENSION AND RETRAIT »


7. Title VI is replaced by:


« TITRE VI



« MANAGEMENT OF THE NAVIGABILITY OF THE AERONEF »


8. Title VIII is replaced by:


“ITTRE VIII



"FINAL PROVISIONS"


9. Article 12 is deleted.
10. Article 11 becomes Article 12.
11. A new article 11 is added:
"Art. 11.-Leave-pass:
The Minister for Civil Aviation shall issue a pass to the CNSK applicant to allow him to conduct flight and endurance checks, provided that:
(a) Technical inspection services performed a technical inspection deemed satisfactory;
(b) The applicant has obtained from the authority responsible for the aerodrome the authorization to conduct or conduct the flight check tests and endurance flights.
The technical control shall allow the Minister for Civil Aviation to ensure that the aircraft has been carried out in the rules of art and that the applicant has:
- documents associated with the aircraft;
- the mounting manual;
- the flight audit program.
Flight check tests and endurance flights are carried out by a single pilot on board whose name is on the laissez-passer, eventually accompanied by a single technical staff whose function on board is deemed necessary for the proper execution of the flights, and whose name is on the laissez-passer.
The validity of the pass, which is always limited in time, is specified in the pass text. »
12. Article 15 is deleted.
13. Article 16 becomes Article 15.
14. Section 13 is moved after Title V and becomes Article 16.
15. Section 14 becomes Article 13.
16. A new article 14 is added:
"Art. 14.-Value of validity of CNSK:
The frequency of submissions depends on the definition of the aircraft, the conditions under which it is maintained and the other monitoring methods that the Minister for Civil Aviation can implement.
The validity period of the CNSK is one year. However, it is set at three years upon request of the owner if the aircraft is continuously maintained in an approved body or by one or more authorized persons who justify appropriate means and experience.
Unless the aircraft has been suspended or withdrawn, a CNSK shall remain valid for the period up to the expiry date of the certificate provided that the aircraft continues to meet the conditions of this Order. »
17. The b, c and e of section 17 are replaced by:
“(b) The expensive use of these aircraft is prohibited;
(c) In the aircraft, a plate that is perfectly legible by the pilot and passengers shall be affixed. It bears the following inscription:
" This aircraft flies under a restricted airworthiness certificate regime. It does not meet the conditions for the issuance and maintenance of the normal airworthiness certificate. Its use in an expensive way is prohibited. ”
However, any placard affixed under the conditions required by the previous regulations remains valid;
(e) Only aircraft may be allowed for glider training and towing:
- maintained by an authorized body or by one or more authorized persons as defined in Article 14;
― that meets the environmental protection requirements defined by the Minister for Civil Aviation.
However, these requirements are not applicable to flights for the purposes of the issuance, extension or renewal of a helicopter type rating corresponding to the helicopter used. »
18. Article 21 is deleted.
19. Articles 19 and 20 become articles 20 and 21.
20. A new article 19 is added:
"Art. 19.-Airworthiness Agreements:
The owner is responsible for obtaining the airworthiness instructions that relate to the type of aircraft or certified aircraft elements that were used as a reference to the construction of the aircraft and installed equipment. It decides on their application. However, the owner applies the airworthiness instructions that the Minister for Civil Aviation specifically imposes on his or her aircraft or equipment. »
21. In section 20, the reference to section 15 is replaced by the reference to section 14.
22. In Article 21, the following words: "of the Director General of Civil Aviation" are deleted.
23. It is added titles to the articles as follows:
Object to Article 1;
"Classification" in Article 2;
"Supplier of the kit" in Article 3;
"Definition of the kit" in Article 4;
"Request for eligibility" in Article 5;
"Production approval" in Article 6;
" Declaration of Eligibility" in Article 7;
"Suspension of eligibility" in Article 8;
"Terms to be satisfied" in Article 9;
"Flight test" in Article 10;
"CNSK Deliverance" in Article 12;
"Suspension and withdrawal of CNSK" in Article 13;
"Return required of information" to Article 15;
"Use outside French territory" in Article 16;
"Use limits" in Article 17;
"Changes" to Article 18;
"Change of Owner" in Article 20;
"Terms of application" in Article 21;
" Validity of documents previously issued" in Article 22;
"Certificates de limitation de nuisances" in Article 23;
"Execution" in Article 24.

Article 4 Learn more about this article...


Aircraft Limited Airworthiness Certificate (CNRA).
The above decision of March 15, 2005 is amended to read:
1.In section 12, the terms of the first paragraph: "No flight may be carried out for profit purposes. are replaced by the words: "No flight can be carried out on an expensive basis. »
2. The sixth and seventh paragraphs of Article 12 are replaced by:
"In the aircraft, a plate that is perfectly legible by the pilot and passengers must be affixed. It bears the following inscription:
" This aircraft flies under a restricted airworthiness certificate regime. It does not meet the conditions for the issuance and maintenance of the normal airworthiness certificate. Its use in an expensive way is prohibited. ”
However, any placard affixed to the requirements of the previous regulations remains valid. »

Article 5 Learn more about this article...


Conditions of use of civil aircraft in general aviation:
At the appendix to the above-mentioned decision of 24 July 1991, paragraphs 5. 2. 2 and 5. 2. 3 are deleted.

Article 6 Learn more about this article...


The Director General of Civil Aviation is responsible for the execution of this Order, which will be applicable three months after its publication in the Official Journal of the French Republic.


Done in Paris, July 1, 2008.


For the Minister and by delegation:

Director of Strategic Affairs

and technical,

P. Schwach


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