Regulation (EU) 2019/1383

The aircraft continuing airworthiness and the serviceability of operational and emergency equipment shall be ensured by:

1. the accomplishment of pre-flight inspections;
2. the rectification of any defect and damage affecting safe operation in accordance with data specified in points ML.A.304 and ML.A.401, as applicable, while taking into account the minimum equipment list (‘MEL’) and configuration deviation list, when they exist;
3. the accomplishment of all maintenance in accordance with the AMP referred to in point ML.A.302;
4. the accomplishment of any applicable:
   1. airworthiness directive (‘AD’);
   2. operational directive with a continuing-airworthiness impact;
   3. continuing-airworthiness requirement established by the Agency;
   4. measure required by the competent authority as an immediate reaction to a safety problem;
5. the accomplishment of modifications and repairs in accordance with point ML.A.304;
6. maintenance check flights, when necessary.

ED Decision 2020/002/R

MAINTENANCE CHECK FLIGHTS (MCFs)

1. The definition of and operational requirements for MCFs are laid down in the Air Operations Regulation¹⁾ and are carried out under the control and responsibility of the aircraft operator. During the flight preparation, the flight and the post-flight activities as well as for the aircraft handover, the processes requiring the involvement of maintenance personnel or organisations should be agreed in advance with the operator. The operator should consult as necessary with the person or organisation in charge of the airworthiness of the aircraft.
2. Depending on the aircraft defect and the status of the maintenance activity performed before the flight, different scenarios are possible and are described below:
   1. The aircraft maintenance manual (AMM), or any other maintenance data issued by the DAH, requires that an MCF be performed before completion of the maintenance ordered. In this scenario, a certificate after incomplete maintenance, when in compliance with ML.A.801(f) or 145.A.50(e), should be issued and the aircraft can be flown for this purpose under its airworthiness certificate.
      
      Due to incomplete maintenance, it is advisable to open a new entry into the ML.A.305 aircraft logbook, to identify the need for an MCF. This new entry should contain or refer to, as necessary, data relevant to perform the MCF, such as aircraft limitations and any potential effect on operational and emergency equipment due to incomplete maintenance, maintenance data reference and maintenance actions to be performed after the flight.
      
      After a successful MCF, the maintenance records should be completed, the remaining maintenance actions finalised and a certificate of release to service (CRS) issued.
   2. Based on its own experience and for reliability considerations and/or quality assurance, an operator, owner, CAO or CAMO may wish to perform an MCF after the aircraft has undergone certain maintenance while maintenance data does not call for such a flight. Therefore, after the maintenance has been properly carried out, a CRS is issued and the aircraft airworthiness certificate remains valid for this flight.
   3. After troubleshooting of a system on the ground, an MCF is proposed by the maintenance personnel or organisation as confirmation that the solution applied has restored the normal system operation. During the maintenance performed, the maintenance instructions are followed for the complete restoration of the system and therefore a CRS is issued before the flight. The airworthiness certificate is valid for the flight. An open entry requesting this flight may be recorded in the aircraft logbook.
   4. An aircraft system has been found to fail, the dispatch of the aircraft is not possible in accordance with the maintenance data, and the satisfactory diagnosis of the cause of the fault can only be made in flight. The process for this troubleshooting is not described in the maintenance data and therefore scenario (1) does not apply. Since the aircraft cannot fly under its airworthiness certificate because it has not been released to service after maintenance, a permit to fly issued in accordance with Regulation (EU) No 748/2012 is required.
      
      After the flight and the corresponding maintenance work, the aircraft can be released to service and continue to operate under its original certificate of airworthiness.
3. For certain MCFs, the data obtained or verified in flight will be necessary for assessment or consideration after the flight by the maintenance personnel or organisation prior to issuing the maintenance release. For this purpose, when the maintenance staff cannot perform these functions in flight, it may rely on the crew performing the flight to complete this data or to make statements about in-flight verifications. In this case, the maintenance staff should appoint the crew personnel to play such a role on their behalf and, before the flight, brief the appointed crew personnel on the scope, functions and the detailed process to be followed, including required reporting information after the flight and reporting means, in support of the final release to service to be issued by the certifying staff.

→ ML.A.302