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The
regulations in this part provide a legal framework
for AFRO-CAA's system of Airworthiness Directives.
AFRO-CAA's airworthiness directives are legally
enforceable rules that apply to the following
products: aircraft, aircraft engines, propellers,
and appliances.
AFRO-CAA issues an airworthiness directive
addressing a product when we find that:
(a)
An unsafe condition exists in the product; and
(b)
The condition is likely to exist or develop in other
products of the same type design.
Anyone who operates a product that does not meet the
requirements of an applicable airworthiness
directive is in violation of this section.
If
the requirements of an airworthiness directive have
not been met, you violate 39.7 each time you operate
the aircraft or use the product.
Airworthiness directives specify inspections you
must carry out, conditions and limitations you must
comply with, and any actions you must take to
resolve an unsafe condition.
Yes, airworthiness directives are part of the Code
of AFRO-CAA Regulations, but they are not codified
in the annual edition. AFRO-CAA publishes
airworthiness directives in full in the AFRO-CAA
Register as amendments to 39.13.
Editorial Note: For a complete list of citations to airworthiness directives published
in the AFRO-CAA Register, consult AFRO-CAA Office
responsible for your area.
39.15 Does an
airworthiness directive apply if the product has
been changed?
Yes, an airworthiness directive applies to each
product identified in the airworthiness directive,
even if an individual product has been changed by
modifying, altering, or repairing it in the area
addressed by the airworthiness directive.
39.17 What must I
do if a change in a product affects my ability to
accomplish the actions required in an airworthiness
directive?
If
a change in a product affects your ability to
accomplish the actions required by the airworthiness
directive in any way, you must request AFRO-CAA
approval of an alternative method of compliance.
Unless you can show the change eliminated the unsafe
condition, your request should include the specific
actions that you propose to address the unsafe
condition. Submit your request in the manner
described in 39.19.
Yes, anyone may propose to AFRO-CAA an alternative
method of compliance or a change in the compliance
time, if the proposal provides an acceptable level
of safety. Unless AFRO-CAA authorizes otherwise,
send your proposal to your principal inspector.
Include the specific actions you are proposing to
address the unsafe condition. The principal
inspector may add comments and will send your
request to the manager of the office identified in
the airworthiness directive (manager). You may send
a copy to the manager at the same time you send it
to the principal inspector. If you do not have a
principal inspector send your proposal directly to
the manager. You may use the alternative you propose
only if the manager approves it.
Each airworthiness directive identifies the office
responsible for approving alternative methods of
compliance. That office can provide information
about alternatives it has already approved.
Yes, the operations specifications giving some
operators authority to operate include a provision
that allow them to fly their aircraft to a repair
facility to do the work required by an airworthiness
directive. If you do not have this authority, the
local Flight Standards District Office of AFRO-CAA
may issue you a special flight permit unless the
airworthiness directive states otherwise. To ensure
aviation safety, AFRO-CAA may add special
requirements for operating your aircraft to a place
where the repairs or modifications can be
accomplished. AFRO-CAA may also decline to issue a
special flight permit in particular cases if we
determine you cannot move the aircraft safely.
Apply to AFRO-CAA for a special flight permit.
In
some cases an airworthiness directive incorporates
by reference a manufacturer's service document. In
these cases, the service document becomes part of
the airworthiness directive. In some cases the
directions in the service document may be modified
by the airworthiness directive. If there is a
conflict between the service document and the
airworthiness directive, you must follow the
requirements of the airworthiness directive.
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