Inspection, overhaul, repair, replacement and modification

(1) An aircraft registered in the Colony, being an aircraft in respect of which a certificate of airworthiness issued or rendered valid under this Order is in force, shall not fly if any part of the aircraft or of such of its equipment as is necessary for the airworthiness of the aircraft, has been over hauled, repaired, replaced or modified, or has been inspected as provided in paragraph (7) (b) of Article 5 of this Order, unless there is in force a certificate of compliance issued in accordance with this Article and relating to the overhaul, repair, replacement, modification or inspection, as the case may be, Civil Aviation 329 provided that if a repair or replacement of a part of an aircraft or its equipment is carried out when the aircraft is at such a place that it is not reasonably practicable– (a) for the repair or replacement to be carried out in such a manner that a certificate of compliance can be issued under this Article in respect thereof; or (b) for such a certificate to be issued while the aircraft is at that place, the aircraft may fly to a place at which such a certificate can be issued, being the nearest place– (i) to which the aircraft can, in the reasonable opinion of the commander thereof, safely fly by a route for which it is properly equipped; and (ii) to which it is reasonable to fly having regard to any hazards to the liberty or health of any person on board, and in such case the commander of the aircraft shall cause written particulars of the flight, and the reasons for making it, to be given to the Governor within ten days thereafter. (2) Neither– (a) equipment provided in compliance with the Fifth Schedule to this Order (except paragraph (3) thereof); nor (b) in the case of a public transport aircraft, radio apparatus provided for use therein or in any survival craft carried therein, whether or not such apparatus is provided in compliance with this Order or any regulation made thereunder, 330 Civil Aviation shall be installed, or placed on board for use, in an aircraft registered in the Colony after being overhauled, repaired or modified, unless there is in force in respect thereof at the time when it is installed or placed on board a certificate of compliance issued in accordance with this Article and relating to the overhaul, repair or modification, as the case may be. (3) For the purposes of this Order, “certificate of compliance” means a certificate that the part of the aircraft or its equipment has been overhauled, repaired, replaced or modified, as the case may be, in a manner and with material of a type approved by the Governor either generally or in relation to a class of aircraft or the particular aircraft and which identifies the aircraft and overhaul, repair, replacement or modification to which it relates and includes particulars of the work done; and in relation to an inspection required by the Governor, that the inspection has been made in accordance with the requirement of the Governor and that any consequential repair or replacement has been carried out as aforesaid. (4) A certificate of compliance may be issued for the purposes of this Article only by– (a) the holder of a licence granted under this Order as an aircraft maintenance engineer or aircraft radio maintenance engineer being a of a category appropriate in accordance with Article 8 of the Fourth Schedule to this Order; or (b) the holder of a licence as such and engineer granted under the law of a country other than the Colony and rendered valid under this Order in accordance with the privileges endorsed on the licence; or (c) a person approved by the Governor as being competent to issue such certificates; or Civil Aviation 331 (d) a person whom the Governor has authorized to issue the certificate in a particular case. (5) Subject to the provisions of Article 53 of this Order, if the aircraft to which a certificate of compliance relates is a public transport aircraft or an aerial work aircraft, the certificate of compliance shall be preserved by the operator of the aircraft for the period of time for which he is required to preserve the log book relating to the same part of the aircraft or to the same equipment or apparatus as the case may be. In the case of any other aircraft the certificate shall be preserved by the operator of the aircraft for a period of two years.