Avionics News January 2015 - 17

operation in its regulation. Many other authorities have
regulations in place or are planning to introduce a regulation for RPAS up to 150 kg MTOM.
What is the problem with RPAS? Drones are already
beginning to appear in our skies, but there are no clear
general rules at the national or the European level to
protect the safety, security and privacy of people.
It is clear that mastering civil drone technology is

FREQUENTLY
ASKED QUESTIONS
Canada
QUESTION:

When maintenance or inspections are performed
on an aeronautical product in Canada, do you, as an
AME, sign a return to service or make a statement
that the aircraft is airworthy?

ANSWER:

The simple answer is no; under the Canadian
Aviation Regulations, an AME only signs a maintenance release.
In the U.S. Federal Aviation Regulation Part 43,
it is clear in 43.5, 43.9 and 43.11 that a return to
service statement is made. In particular, 43.11 specifically states that, after inspection, the authorized
person is approving or disapproving a return to
service. Also, the statement required in the technical log must include, "... was determined to be in an
airworthy condition ..." When it comes to maintenance performed, 43.9 states that a signature by an
authorized person constitutes the return to service
statement, and that it is for the work performed only.
In Canada, there is a subtle difference. CAR
605.85 requires that when maintenance has been
performed, the aircraft cannot be operated unless
a maintenance release has been provided in accordance with CAR 571.10. This, in turn, indicates
that a maintenance release can only be signed if the
work is performed in accordance with the applicable

key to the future competitiveness of the European
aeronautics industry - by some estimates, in the next
10 years, it could be worth 10 percent of the aviation
market.
For all these reasons, the European Council, in
December 2013, asked the Commission to develop a
framework for the safe integration of RPAS into civil
airspace as from 2016.

standards of airworthiness (CAR/AWM 571). The
statement made in the technical record in this case
is, "The described maintenance has been performed
in accordance with the applicable airworthiness
requirements." There is no requirement to return the
aircraft to service or make a statement of airworthy.
In fact, the only time one needs to state an aircraft
is airworthy is when applying for a certificate of
airworthiness. After that, the requirement is to
maintain the aircraft in a condition that allows it
to continue to meet the conditions of issue for the
certificate of airworthiness. The emphasis is on the
traceability of the airworthy state.
The Canadian Aviation Regulations have stipulated that it is the owner's responsibility to ensure
the aircraft is maintained in an airworthy state. An
AME is only responsible to sign for the work performed. However, from a due diligence standpoint,
an AME also is responsible to inform the owner of
any deficiencies.
So in short, a maintenance release in Canada is
not a return to service; it is only a statement that the
work performed has been completed in accordance
with the applicable standards. Of note, however, is
that due to bilateral agreements, the regulations do
allow for statements made in the technical logs as
per other jurisdictions such as FAR 43.9. q
Note: The AEA offers "Frequently Asked Questions" to foster greater understanding of the aviation regulations and
the rules governing the industry. The AEA strives to ensure
FAQs are as accurate as possible at the time of publication;
however, rules change. Therefore information received from
an AEA FAQ should be verified before being relied upon.
This information is not meant to serve as legal advice. If you
have particular legal questions, they should be directed to an
attorney. The AEA disclaims any warranty for the accuracy of
the information provided.

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Avionics News January 2015

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