To avoid possible conflict of interests, the ARS (Airworthiness Review Staff) should not be or have been involved in the release of the maintenance for the aircraft on which he or she intends to perform the airworthiness review (AR), except in one of the following cases:
- Such maintenance has been released as part of the airworthiness review’s physical survey of the aircraft (e.g. release necessary after visual inspections requiring panel opening).
- Such maintenance has been released as a result of findings discovered during the physical survey of the aircraft (defect rectification)
Note: cases 1 and 2 are justified by the fact that such specific maintenance activity is part of the AR and therefore does not require independence between maintenance and the AR.
- Such maintenance has been released as part of the annual inspection contained in the maintenance programme conducted together with the Airworthiness Review (for ELA1 aircraft not involved in commercial operations). Refer to M.A.901(l).
From regulatory perspective, cases 1 and 2 are explicitly considered by AMC M.A.707(a) [2nd bullet of point (5)] for an ARS belonging to a CAMO also holding a AMO approval. Although not explicitly mentioned in any AMC, considering the note above, the Agency understands that this principle is also permitted in other cases where the ARS is also Certifying staff. Such cases include for example standalone ARS as per M.A.901(g) or ARS personnel of an AMO with 145.A.75(f) or M.A.615(e) privilege.
Remark: iaw AMC M.A.710(b) and (c) points 1 and 2, when the ARS is not Certifying Staff, he/she must be assisted by a Certifying Staff to release the maintenance mentioned in cases 1 and 2.