Factual Information 2015:1.17 Organisational and Management Information/1.17.1.2
This page contains an extract from MH370/01/15 Factual Information which accompanied the (first) Interim Statement released by The Malaysian ICAO Annex 13 Safety Investigation Team for MH370 on 8th March 2015.
1.17.1.2 Airworthiness Sector
The Civil Aviation Act of 1969 empowers the DGCA to exercise its statutory powers to regulate the civil aviation and airport services including the establishment of standards and its enforcement.
The present Civil Aviation Regulation (CAR) of 1996 was derived from the United Kingdom Air Navigation Order (ANO) of the mid-nineties and adopted with certain provisions for the Malaysian requirements. The CAR Fifth Schedule - Aircraft Equipment and Sixth Schedule - Radio and Radio Navigation Equipment to be carried in aircraft, and the DGCA issued Airworthiness Notices (ANs) specifically AN. No. 1 - Aircraft Certification, forms the basis for aircraft airworthiness and design standard for acceptance into Malaysian registry.
A comprehensive review of the CARs by some consultants was carried out in March 2013 and the submission of the final report was completed in January 2014. It was anticipated that the introduction of the new CARs would streamline the DCA regulatory functions on similar approach to the European Aviation Safety Agency (EASA) requirements. This would include the introduction of CASR (Civil Aircraft Safety Requirements, AMC (Acceptable Means of Compliance) and GM (Guidance Materials) as part of the Malaysian regulatory framework, requirements and procedures.
The Director of Airworthiness Sector reports directly to the DGCA and is responsible for the operations of five divisions, namely: Continuing Airworthiness, Engineering, Maintenance Repair and Overhaul (MRO), Licensing and Standards.
The primary functions of the Airworthiness Sector include surveillance oversight of the aircraft maintenance activities on scheduled and non-scheduled air carriers, MROs, and the licensing of Aircraft Maintenance Engineers (AMEs). The sector is also responsible for the management of the aircraft register and joint technical audits with the Flight Operations Sector and Air Transport Sector for the issue or renewal of Air Operating Certificate (AOC).
With respect to aircraft accidents or incidents investigation, officers with specific trade and specialisation may be called upon, to assist the Air Accident Investigation Bureau, under the Ministry of Transport.
The Airworthiness Sector has established a minimum qualification of a university engineering degree or an Aircraft Maintenance Engineer’s Licence (AMEL) for the posts of Airworthiness Engineers or Airworthiness Inspectors respectively and in addition to that, it requires a minimum of five to seven years hands-on aviation industry experience. At present, 37 out of 40 posts have been filled to effectively support an 8 % annual rate of growth of aircraft increment for the local air transport industry. The Airworthiness Sector has developed a good working relationship with the local aviation organisations whereby, the newly recruited technical staff are given the exposure to work closely with the industry players. The DCA has made provision in the AN No. 1 - Aircraft Certification, for the operator to bear the cost of training for DCAM officers, specifically for the airworthiness engineers, airworthiness inspectors and pilots for new aircraft type to be placed on the Malaysian register. This serves to keep them abreast with the latest development on the local airlines or operators fleet expansion programme.
The DCA Airworthiness Division Manual (ADM) provides guidance and procedures to airworthiness inspectors and airworthiness engineers to carry out their duties and function responsibilities.
The sector emplaces a fairly comprehensive audit plan for the local and international organisations that hold the DCA approvals, and these approved organisations are subject to an annual audit. The audit would also include local and international base maintenance and line stations. These audits may be scheduled on mutual arrangement with the organisation or be carried out on an opportunity basis when the DCA officers are in the vicinity of that organisation during the audit period.
Any audit findings or deficiencies will be raised in the NCRs (Non-Conformance Reports) and categorised into the respective levels of either Level 1, Level 2 or Level 3. The Level 1 NCR requires urgent and mandatory compliance to a major deficiency in the audit findings. The sector would review the corrective actions and reschedule an audit of the organisation before closing the finding as acceptable.
The Airworthiness Notices (ANs) are published on regular basis on the DCA website and would serve to notify any current changes on airworthiness policies or requirements for the Aircraft Maintenance Engineers and the aviation organisations to comply with as applicable. Some of the Airworthiness Notices issued by the Airworthiness sector may originate from Original Equipment Manufacturers’ (OEMs) service bulletins or in-service difficulties arising from incident or accident reports which may affect aviation safety. The Airworthiness Notices form part of the Malaysian regulatory framework and the expedient means for the aviation industry to comply with at short notice.
The AN No. 11 – Mandatory Occurrence Reporting, requires Air Operators and Maintenance Organisations to transmit information on faults, malfunctions, defects and other occurrences which cause or might cause adverse effects on the continuing airworthiness of the aircraft to the DCA.
With respect to ICAO Annex 19 – Safety Management, the Airworthiness Sector has implemented the requirement under AN No. 101 – Safety Management Systems (SMS) For Approved Maintenance Organisation (AMO) including Approved Training Organisations (ATOs) in March 2008. The SMS was made effective on 1 January 2009.
The sector is actively involved in the audits of 176 local and international Approved Maintenance Organisations (AMOs) that hold the DCA approvals; continuing airworthiness surveillance of 892 aircraft (of which 839 aircraft are active in operations), 12 Approved Training Organisations (ATOs) for Aircraft Maintenance Engineers and Technicians ab-initio training and also aircraft type training programme. There were 4,212 Licensed Aircraft Maintenance Engineers issued with DCA licence but 2,374 licensed holders remain current.
CAR 30 requires that inspection, overhaul, repair, replacement and modification works on a Malaysian-registered aircraft, including the engines, propellers and aircraft components, are carried out by an approved person or organisation, specifically, under the AMO maintenance organisation exposition procedures. The DCA requires the release of an aircraft ‘Certificate of Release to Service’ to be issued by an approved or authorised personnel, typed rated on the aircraft type under a DCA approved AMO procedures. The introduction of the new CARs would also address the training requirements and certification responsibilities of both Aircraft Maintenance Engineers in Category B and Aircraft Maintenance Technicians in Category A in their respective trades. The DCA Malaysia Part 66 engineers and technicians licensing system is based on the EASA Part 66 syllabus and training requirements.
Source: Malaysian ICAO Annex 13 Safety Investigation Team for MH370, 8 March 2015, Factual Information MH370/01/15
The Factual Information was updated in 2018 by the Safety Investigation Report MH370/01/2018 which added new content but did not include all of the previous data.