The Scope of Certification in Civil Aviation
The Code governs a broad list: the operator of an aircraft carrying out commercial carriage, the maintenance enterprise, the aerodrome, heliport, air-navigation service enterprise, civil aviation educational institution, aviation medical centre and expert, the fuelling enterprise and its technical personnel, the corresponding ground and aviation devices, aviation personnel, the catering enterprise, the legal and physical persons whose activity is directly connected with ensuring flight safety and aviation security, the aircraft and its engine — all are subject to certification. The certificate confirms conformity with flight safety and aviation security requirements; the certification rules are established and certification carried out by the Agency in accordance with the Chicago Convention of 1944, its annexes and the legislation. The maintenance organization is one of the central links of this system: without certification the maintenance enterprise cannot operate. The link is two-sided: on the one hand it maintains the technical condition of the aircraft between flights, on the other it performs the operator's repair requirements. Its certificate therefore confirms technical and organizational compliance at once. The list is open-textured — it also covers persons whose activity directly concerns the ensuring of safety — so the boundaries of certification are drawn separately for each link of the system.
Suspension, Amendment or Revocation of the Certificate
In aviation a certificate is not a static document: it defines continuing compliance. That is precisely why a full spectrum of instruments of influence exists — from temporary suspension to full revocation — and why the right of appeal matters: a decision of influence may rest not only on factual but also on procedural defects.
The Agency may inspect and, considering state interests and flight safety/aviation security requirements, suspend the validity of a certificate, amend or revoke it, or restrict the rights conferred — in accordance with the Agency's normative acts. This decision may be appealed by the certificate holder in accordance with the legislation — administrative influence is thus balanced by a route of appeal. The two axes of the decision — state interest and safety requirements — are both assessable and contestable in an appeal.
For a maintenance organization this means that managing the certificate is an active process: internal audits, updating the qualifications of personnel and the accuracy of documentation are the elements that reduce the risk of influence. The law links this risk to the Agency's authority to inspect — and inspection is always possible.
Breaches of Requirements
A breach of the requirements provided for by the certificate exists where: in performing aviation activity a physical person works without an appropriate certificate; a civil aircraft is used without an airworthiness certificate or the conditions defined by that certificate are breached; an uncertified aviation serviceman is allowed to service, operate or conduct commercial activity around the aircraft; carriage is performed without an appropriate certificate or in breach of its conditions; the aircraft is used for commercial purposes in violation of the certificate's requirements or other norms of the Code; the certificate-holding aviation enterprise does not observe any condition or restriction defined by the certificate; the servicing airport of a carrier is operated without a certificate or in breach of its norms; aviation fuel or fuels whose quality does not meet the standards established in Georgia is sold or offered for sale; or false information is supplied to the Agency to obtain a certificate. This catalogue is complete and serves as a map for internal control — precisely the points where risk is highest and where internal audits should concentrate.
The practical conclusion is simple: a personnel-management system — recording qualifications, controlling the terms of certificates and checking new members — is the first line of defence of the maintenance organization's certificate. Every breach occurring at the personal level — service without a certificate — reflects on the whole organization, since the certificate is an organizational document and its fate depends on the actions of every member.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What does the certificate confirm?
Conformity with flight safety and aviation security requirements — to be maintained throughout the certificate's validity.
Who certifies?
The Agency — under the Chicago Convention, its annexes and the legislation.
May a certificate be revoked?
Yes — by the Agency, considering safety requirements; the decision is appealable.
What is a breach?
For example, working without a certificate, using an aircraft without an airworthiness certificate, breaching a condition or restriction of the certificate, or supplying false information to the Agency.
How We Help on Legal.ge
Approval of a maintenance organization is a multi-stage process: conformity with requirements, documentation, inspection and subsequent supervision. On Legal.ge you can consult an aviation-law lawyer who will help you obtain and keep the certificate, assess the lawfulness of measures against it and represent you in appeals. Submit a request on the site, describing the organization and the planned activity — and get qualified assistance in the approval process.