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119.71 Dir of Maintenance Requirements

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Old 12-20-2010, 12:31 PM
  #1  
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Default 119.71 Dir of Maintenance Requirements

Hey Guys I had a question pertaining to this reg which I feel can be interpreted several ways. Mods I am not sure if this should be posted here or the 135 forum, feel free to move if needed.


e) To serve as Director of Maintenance under §119.69(a) a person must hold a mechanic certificate with airframe and powerplant ratings and either:

(1) Have 3 years of experience within the past 6 years maintaining aircraft as a certificated mechanic, including, at the time of appointment as Director of Maintenance, experience in maintaining the same category and class of aircraft as the certificate holder uses; or

(2) Have 3 years of experience within the past 6 years repairing aircraft in a certificated airframe repair station, including 1 year in the capacity of approving aircraft for return to service.

(f) A certificate holder may request a deviation to employ a person who does not meet the appropriate airmen experience requirements, managerial experience requirements, or supervisory experience requirements of this section if the Manager of the Air Transportation Division, AFS–200, or the Manager of the Aircraft Maintenance Division, AFS–300, as appropriate, find that the person has comparable experience, and can effectively perform the functions associated with the position in accordance with the requirements of this chapter and the procedures outlined in the certificate holder's manual. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.


As far as the part highlighted in red to me could either mean:
You must have worked as the inspector who actually signed the return to service for one year as appointed by the station

Or

You must be able to sign a return to service (ie have an A&P) for at least one year but not necessarily have been appointed for this duty.

Curious to see what you all think.
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Old 12-21-2010, 03:25 AM
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Capacity isn't defined in FAR 1 so take a dictionary definition and replace capacity with it. Try "duty" or "role" and see what you get.
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Old 12-21-2010, 03:41 AM
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That is my problem:

[kuh-pas-i-tee] Show IPA
noun, plural -ties, adjective
–noun
1.
the ability to receive or contain: This hotel has a large capacity.
2.
the maximum amount or number that can be received or contained; cubic contents; volume: The inn is filled to capacity. The gasoline tank has a capacity of 20 gallons.
3.
power of receiving impressions, knowledge, etc.; mental ability: the capacity to learn calculus.
4.
actual or potential ability to perform, yield, or withstand: He has a capacity for hard work. The capacity of the oil well was 150 barrels a day. She has the capacity to go two days without sleep.
5.
quality or state of being susceptible to a given treatment or action: Steel has a high capacity to withstand pressure.
6.
position; function; role: He served in the capacity of legal adviser.
7.
legal qualification.
8.
Electricity .
a.
capacitance.
b.
maximum possible output.



Both of these definitions can be used for this FAR in my opinion. I am sure the FSDO may run into the same issue. This FAR as many others should really be written better so as to leave less room for interpretation.
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Old 12-21-2010, 02:09 PM
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I think it means it was part of your job to sign off inspections or be an inspector not just have the A&P.
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Old 12-23-2010, 08:36 PM
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What that means is: for example, in the FAR 121 you need the AW (Airworthiness Release) of that aircraft in order to return to service. AW is training in the equipment as powerplant, Airframe and Avionics is concern.
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Old 12-28-2010, 04:12 AM
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Thanks for the input guys. We will put his application through and if needed we will try to get a waiver. (He is only 3 months from the 1 year requirement) I will let you know how it turns out.
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