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Chapter Law Content

Chapter 5—Operating Rule
Article 21
The privileges of a certificated repair station may—
1) Perform maintenance, preventive maintenance, or alterations in accordance with Regulations of Airworthiness and Maintenance Management for Aviation Products, Appliances and Parts on any article for which it is rated and within the limitations in its operations specifications.
2) Arrange for another person to perform the maintenance, preventive maintenance, or alterations of any article for which the certificated repair station is rated. If that person is not certificated under this regulation, the certificated repair station must ensure that the noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station.
3) Approve for return to service any article for which it is rated after it has performed maintenance, preventive maintenance, or an alteration in accordance with Regulations of Airworthiness and Maintenance Management for Aviation Products, Appliances and Parts.
The limitations of a certificated repair station :
1) A certificated repair station may not maintain or alter any article for which it is not rated, and may not maintain or alter any article for which it is rated if it requires special technical data, equipment, or facilities that are not available to it.
2) A certificated repair station may not approve for return to service.
a) Any article unless the maintenance, preventive maintenance, or alteration was performed in accordance with the applicable approved technical data or data acceptable to the CAA.
b) Any article after a major repair or major alteration unless the major repair or major alteration was performed in accordance with applicable approved technical data.
Article 22
A certificated repair station may temporarily transport material, equipment, and personnel needed to perform maintenance, preventive maintenance, alterations, or certain specialized services on an article for which it is rated to a place other than the repair station's fixed location if the following requirements are met:
1) The work is necessary due to a special circumstance, as determined by the CAA. or
2) It is necessary to perform such work on a recurring basis, and the repair station's manual includes the procedures for accomplishing maintenance, preventive maintenance, alterations, or specialized services at a place other than the repair station's fixed location.
Article 23
A certificated repair station that performs maintenance, preventive maintenance, or alterations for an air carrier or commercial operator that has a continuous airworthiness maintenance program must follow the air carrier's or commercial operator's program and applicable sections of its maintenance manual.
The CAA may grant approval for a certificated repair station to perform line maintenance provided—
1) The certificated repair station performs such line maintenance in accordance with the operator's manual, if applicable, and approved maintenance program.
2) The certificated repair station has the necessary equipment, trained personnel, and technical data to perform such line maintenance; and
3) The certificated repair station's operations specifications include an authorization to perform line maintenance.
4) For temporary or occasional maintenance, the certificated repair station must comply with the conditions for maintenance tasks performed under scheduled maintenance and obtain the approval of the quality manager prior to performing such maintenance.
Article 24
A certificated repair station must prepare a repair station manual and submit it to the CAA for acceptance prior to the enforcement of the manual. The repair station shall keep the manual’s contents current, complete, and accessible for use by the repair station personnel.
Article 25
A certificated repair station's manual must include the following:
1)An organizational chart identifying—
a)Each management position with authority to act on behalf of the repair station,
b)The area of responsibility assigned to each management position, and
c)The duties, responsibilities, and authority of each management position.
2)Procedures for maintaining and revising the rosters required by Article 19.
3)A description of the certificated repair station's operations, including the housing, facilities, equipment, and materials as required by chapter 3 of this regulation.
4)Procedures for—
a)Revising the capability list and notifying the CAA of revisions to the list, including how often the CAA will be notified of revisions; and
b)The self-evaluation for revising the capability list, including methods and frequency of such evaluations, and procedures for reporting the results to the appropriate manager for review and action.
5)Procedures for revising the training program required by Article 20 and submitting revisions to the CAA for approval.
6)Procedures to govern work performed at another location in accordance with Article 22.
7)Procedures for maintenance, preventive maintenance, or alterations performed under Article 23.
8)Procedures for—
a)Maintaining and revising the contract maintenance information required by Article 29, including submitting revisions to the CAA for approval; and
b)Maintaining and revising the contract maintenance information and notifying the CAA of revisions to this information, including how often the CAA will be notified of revisions.
9) A description of the required records and the recordkeeping system used to obtain, store, and retrieve the required records.
10) Procedures for revising the repair station's manual and notifying the CAA of revisions to the manual, including how often the CAA will be notified of revisions; and
11) A description of the system used to identify and control sections of the repair station manual.
12) A description of certificated rating and items.
13) Procedures of competency management for all types of personnel in accordance with the provisions of Chapter 4.
14) Procedures to report in accordance with Article 32.
15) Procedures to amend a certificated rating and items.
Article 26
A certificated repair station must establish and maintain a quality control system acceptable to the CAA that ensures the airworthiness of the articles on which the repair station or any of its contractors performs maintenance, preventive maintenance, or alterations.
Repair station personnel must follow the quality control system when performing maintenance, preventive maintenance, or alterations under the repair station certificate and operations specifications.
A certificated repair station must prepare and keep current a quality control manual in a format acceptable to the CAA that includes the following:
1) A description of the system and procedures used for—
a) Inspecting incoming raw materials to ensure acceptable quality.
b) Performing preliminary inspection of all articles that are maintained.
c) Inspecting all articles that have been involved in an accident for hidden damage before maintenance, preventive maintenance, or alteration is performed.
d) Establishing and maintaining proficiency of inspection personnel.
e) Establishing and maintaining current technical data for maintaining articles.
f) Qualifying and surveilling noncertificated persons who perform maintenance, prevention maintenance, or alterations for the repair station.
g) Performing final inspection and return to service of maintained articles.
h) Calibrating measuring and test equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and
i) Taking corrective action on deficiencies.
2) References, where applicable, to the manufacturer's inspection standards for a particular article, including reference to any data specified by that manufacturer.
3) A sample of the inspection and maintenance forms and instructions for completing such forms or a reference to a separate forms manual; and
4) Procedures for revising the quality control manual required under the Article and notifying the CAA of the revisions, including how often the CAA will be notified of revisions.
A certificated repair station must notify the CAA of revisions to its quality control manual.
Article 27
From 1 January 2009, an operator shall establish and implement a safety management system acceptable to the CAA that, as a minimum:
1) Identifies safety hazards;
2) Ensures that remedial action necessary to maintain an acceptable level of safety is implemented;
3) Provides for continuous monitoring and regular assessment of the safety level achieved; and
4) Aims to make continuous improvement to the overall level of safety.
The safety management system (as attachment 3-1) shall clearly define lines of safety accountability throughout the operator’s organization, including a direct accountability for safety on the part of management.
Article 28
A certificated repair station must inspect each article upon which it has performed maintenance, preventive maintenance, or alterations as described in paragraphs 2) and 3) of this Article before approving that article for return to service.
A certificated repair station must certify on an article's maintenance release that the article is airworthy with respect to the maintenance, preventive maintenance, or alterations performed after—
1) The repair station performs work on the article; and
2) An inspector inspects the article on which the repair station has performed work and determines it to be airworthy with respect to the work performed.
For the purposes of paragraphs 1) and 2) of the Article, an inspector must meet the requirements of Article 16.
Except for individuals employed by a repair station located outside the Republic of China, only an employee certificated under Regulations Governing Licences and Ratings for Airmen Management is authorized to sign off on final inspections and maintenance releases for the repair station.
Article 29
A certificated repair station with a limited rating may perform maintenance, preventive maintenance, or alterations on an article if the article is listed on a current capability list acceptable to the CAA or on the repair station's operations specifications.
The capability list must identify each article by make and model or other nomenclature designated by the article's manufacturer and be available in a format acceptable to the CAA.
An article may be listed on the capability list only if the article is within the scope of the ratings of the repair station's certificate, and only after the repair station has performed a self-evaluation in accordance with the procedures under Article 25. 4)b) and approved by the CAA. The repair station must perform this self-evaluation to determine that the repair station has all of the housing, facilities, equipment, material, technical data, processes, and trained personnel in place to perform the work on the article as required by this regulation. The repair station must retain on file documentation of the evaluation.
Article 30
A certificated repair station may contract a maintenance function pertaining to an article to an outside source provided—
1) The CAA approves the maintenance function to be contracted to the outside source.
2) The repair station maintains and makes available to CAA, in a format acceptable to the CAA, the following information:
a) The maintenance functions contracted to each outside facility; and
b) The name of each outside facility to whom the repair station contracts maintenance functions and the type of certificate and ratings, if any, held by each facility.
A certificated repair station may contract a maintenance function pertaining to an article to a noncertificated person provided—
1) The noncertificated person follows a quality control system equivalent to the system followed by the certificated repair station.
2) The certificated repair station remains directly in charge of the work performed by the noncertificated person; and
3) The certificated repair station verifies, by test and/or inspection, that the work has been performed satisfactorily by the noncertificated person and that the artic le is airworthy before approving it for return to service.
A certificated repair station may not provide only approval for return to service of a complete type-certificated product following contract maintenance, preventive maintenance, or alterations.
Article 31
The recordkeeping of a certificated repair station must comply with following requirements:
1) A certificated repair station must retain records in either Chinese or English that demonstrate compliance with the requirements of Regulations of Airworthiness and Maintenance Management for Aviation Products, Appliances and Parts. The records must be retained in a format acceptable to the CAA.
2) A certificated repair station must provide a copy of the maintenance release to the owner or operator of the article on which the maintenance, preventive maintenance, or alteration was performed.
3) A certificated repair station must retain the records with their readability, safety and integrity required by the Article for at least 2 years from the date the article was approved for return to service.
4) A certificated repair station must make all required records available for inspection by the CAA and the Taiwan Transportation Safety Board.
Article 32
A certificated repair station must report to the CAA within 72 hours after it discovers any failure, malfunction, or defect of an article. The report must be in a format acceptable to the CAA.
The report required under paragraph 1 of the Article must include as much of the following information as is available:
1) Aircraft registration number.
2) Type, make, and model of the article.
3) Date of the discovery of the failure, malfunction, or defect.
4) Nature of the failure, malfunction, or defect.
5) Time since last overhaul, if applicable.
6) Apparent cause of the failure, malfunction, or defect.
7) Other pertinent information that is necessary for more complete identification, determination of seriousness, or corrective action.
The holder of a repair station certificate that is also the holder of air carrier certificate does not need to report a failure, malfunction, or defect under the Article if the failure, malfunction, or defect has been reported under Aircraft Flight Operation Regulation or
A certificated repair station may submit a service difficulty report (operational or structural) for the air carrier certificate holder under Aircraft Flight Operation Regulation provided the report meets the requirements as appropriate.
Article 33
A certificated repair station must allow the CAA to inspect that repair station at any time to determine compliance with this chapter.
A certificated repair station may not contract for the performance of a maintenance function on an article with a noncertificated person unless it provides in its contract with the noncertificated person that the CAA may make an inspection and observe the performance of the noncertificated person's work on the article.
A certificated repair station may not return to service any article on which a maintenance function was performed by a noncertificated person if the noncertificated person does not permit the CAA to make the inspection described in paragraph 2) of the Article.
Article 33-1
A certificated repair station may not process hazardous materials unless the hazardous materials training program and supervision procedure approved by the CAA.
A repair station employee may not perform or directly supervise job function of hazardous materials, or on behalf of the operator including loading of items for transport on an aircraft operated by the certificate holder unless that person has received training in accordance with the operator's CAA approved hazardous materials training program.
Each repair station must acknowledge receipt of the operator notification required prior to performing work for, or on behalf of that certificate holder.
Prior to performing work for or on behalf of a operator, each repair station must notify its employees, contractors, or subcontractors that handle or replace aircraft components or other items regulated by certificate holder's operations specifications authorization permitting, or prohibition against, carrying hazardous materials. This notification must be provided subsequent to the notification by the operator of such operations specifications authorization/designation.
Article 33-2
Each repair station shall establish a programme to conduct random tests for narcotic drugs and alcohol for maintenance personnel. The records for such tests shall be retained for review.
CAA may conduct regular or random tests for narcotic drugs and alcohol for operations personnel aforementioned in the preceding paragraph.
Test standards for narcotic drugs and alcohol are as follows:
1) For narcotic drugs test: the test result of a Urine specimen shall be negative.
2) For Alcohol test: In the test result, the concentration of alcohol shall not be more than 0.02% in blood, or exceed 0.1mg per litre in breath.
Any person who fails either test prescribed in the first or the second paragraph shall not engage in flight related operations; this restriction also applies to the refusal of test. CAA may delegate the tests of drugs and alcohol as prescribed in paragraph 2 to the airport operator.
When CAA delegates the aforementioned tests, the name of the designee, the commissioned items and regulations shall be promulgated on the government bulletin.
Article 34
The repair station applicant must show that the work fee, listed in the work fee schedule has been paid. This fee is deposited in a CAA fund established for this purpose.
Article 35
This regulation becomes effective on the date of its publication.