PEL Notice No.

71 Version 1

Maintenance Check Flights

Reference: Commission Regulation (EU) 2019/1384 amending Regulation (EU) 965/2012

CIVIL AVIATION DIRECTORATE

Transport Malta, Malta Transport Centre, Pantar Road, Lija LJA 2021 Malta. Tel:+356 2555 5625 Fax:+356 2123 9278 [email protected] www.transport.gov.mt

This PEL notice is being issued in order to bring to the attention of Approved Training
Organisation the OAN issued by TMCAD Flight Operations Department as attached to this PEL
notice.

PERSONNEL LICENSING SECTION

PEL Notice 71 - Maintenance Check Flights Version 1.0 Page 1 of 1

06/11/2019
 OPERATIONS ADVISORY NOTICE (OAN)

OAN Number: 07/19 Issue Date: 05 November 2019

Civil Aviation Directorate
Flight Operations Inspectorate
Transport Malta Centre
Subject: Maintenance Check Flights Triq Pantar
Lija LJA 2021
Malta

1. Background

A number of accidents have been recorded over the past few years involving difficulties
encountered during functional check flights performed to assess or demonstrate aircraft
serviceability after maintenance or lease transfer.

Commission Regulation (EU) 2019/1384 amending Regulation (EU) 965/2012 details the
provisions related to Maintenance Check Flights (MCF).

This OAN supersedes OAN 03/11.

2. Applicability

This notice applies to operators conducting operations in accordance with Annex III (Part-
ORO), Annex VII (Part-NCO) and Annex VIII (Part-SPO).

ORO.AOC.125 (b) includes the provisions when conducting MCFs with complex and other
than complex motor-powered aircraft when aircraft is on an AOC. AOC holders are not
required to submit a declaration when conducting MCFs.

This change is effective as of 25 September 2019.

3. Definition and Levels of MCFs.

Maintenance Check Flights now fall under the definition of specialised operation as detailed in
the applicable GM. Thus requirements are found under SPO/NCO.SPEC sections.

The definition of a MCF is found in Annex I – Definitions. For ease of reference this is
reproduced hereunder –

‘maintenance check flight (‘MCF’)’ means a flight of an aircraft with an airworthiness certificate
or with a permit to fly which is carried out for troubleshooting purposes or to check the
functioning of one or more systems, parts or appliances after maintenance, if the functioning of
the systems, parts or appliances cannot be established during ground checks and which is
carried out in any of the following situations:

(a) as required by the aircraft maintenance manual (‘AMM’) or any other maintenance
data issued by a design approval holder being responsible for the continuing
airworthiness of the aircraft;

(b) after maintenance, as required by the operator or proposed by the organisation

responsible for the continuing airworthiness of the aircraft;

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 (c) as requested by the maintenance organisation for verification of a successful defect
rectification;

(d) to assist with fault isolation or troubleshooting;

Operators are further required to determine the levels of MCFs. The levels of MCFs are
defined in NCO.SPEC.MCF.100 & SPO.SPEC.MCF.100.

4. Hazard identification and risk mitigation (AOC holders).

The safety risk management process required by ORO.GEN.200 should identify the hazards
and associated risks mitigations when conducting such flights. The operation of MCFs shall be
included in the hazard identification process. This operational risk assessment procedure
should be conducted prior to each MCF.

5. Flight Programme & Maintenance Check Flight Manual (Complex).

Before conducting a Level A maintenance check flight, operators shall develop and document
a flight programme. It is recommended that applicable documentation available from type
certificate holder or other valid documentation is used.

These operations and associated procedures shall be described in the operations manual.
The operator may make direct reference to a check flight procedures manual, as long as this is
part of a controlled document suite.

This document shall be provided to the CAD, and informed when is updated. These updates
shall be done in accordance with manual procedures not requiring prior approval. The
content of the manual shall satisfy the requirements set out in AMC 1 SPO.SPEC.MCF.110.

OMA Section 8.7 shall describe this process and procedure of how MCFs are managed. It is
not expected that any specific maintenance procedures in CAME or any other approved
maintenance related documents are duplicated in the OM. Amendments of OMA Section 8.7
falls under provisions requiring prior approval (ORO.AOC.125).

6. Flight crew requirements for Level A MCF. (Complex / other than complex)

SPO.SPEC.MCF.115, details the minimum requirements for flight crew members assigned to
conduct a Level A MCF. Pilots holding a flight test rating i.a.w (EU) 1178/2011 shall be given
full credit for the training course stipulated in SPO.SPEC.MCF.115(a)(1), provided that they
have completed the operator’s initial and recurrent CRM.

For Other-than complex motor powered aircraft, the operator shall consider aircraft complexity.
AMC1 NCO.SPEC.MCF.120 stipulates that a flight instructor may act as a PIC on such MCF.

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7. Flight Crew Training Course for Level A MCF (Complex)

SPO.SPEC.MCF.120 and the associated AMC detail the training requirements pilots are to
complete before conducting Level A MCF. Although the the training course on one aircraft
category is considered valid for all aircraft types of this category, the operator is required to
specify whether differences or familiarisation training is required and describe the contents this
training.

The training course should comprise of ground training followed by simulator training. The
syllabus, is detailed in AMC2 SPO.SPEC.MCF.120. Operators are required to include the
specific syllabus in OM Part D.

8. Crew Composition and Persons on Board (Complex / other-than complex)

The operator’s policy should clearly dictate the crew composition and persons required to be
on board. Only personnel essential for the completion of the flight should be on board. Where
a task specialist is required for the completion of the MCF, appropriate training and briefing
should be provided for the task required. GM1 SPO.SPEC.MCF.125 provides additional
guidance.

9. Operational Limitations (Other-than complex)

NCO.SPEC.MCF.105 allows for specific alleviations from Continuing Airworthiness

requirements set out in Regulation (EU) 1321/2014.

By way of derogation from point NCO.IDE.A.105 or NCO.IDE.H.105, the pilot-in-command may

conduct a flight with inoperative or missing items of equipment or functions required for the
flight if those inoperative or missing items of equipment or functions have been identified in the
checklist referred to in point NCO.SPEC.MCF.110.

10. Checklist and Safety Briefing (Other-than complex)

The operator planning to conduct an MCF should develop checklists for the in-flight
assessment of the unreliable systems, considering relevant abnormal and emergency
procedures. When developing the checklists, the operator should consider the applicable
documentation available from the type certificate holder or other valid documentation.

The pilot-in-command should only allow on board the persons needed for the purpose of the
flight and brief the crew and task specialist on abnormal and emergency procedures relevant
for the MCF.

Requirements are laid out on NCO.SPEC.MCF.110 and associated GM.

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11. Flight Crew Requirements – pilots acting as PIC on a MCF. (Complex)

Article 9aa gives credit to pilots having acted as PIC on a Level A MCF before 25 September
2019 for the purpose of complying with point SPO.SPEC.MCF.115(a)(1) in Annex VIII.

In this case the operator shall ensure that the PIC receives a briefing on any differences
identified between operating practices established before 25 September 2019 and those
provided in Section 5 of Subpart E of Annex VIII, including those derived from the related
procedures established by the operator.

12. Operator Actions

All affected operators are requested to allow sufficient time to plan and implement the new
provisions in order to avoid unnecessary delays.

Flight Operations Inspectorate

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