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CHAPTER 2: STATE REGULATORY SYSTEM
2.1 Introduction
2.1.1 General
There are two prerequisites for the proper introduction of an airworthiness regulatory system:
a)  a provision in the basic aviation law of the State for the establishment of a code of airworthiness regulations; and
b)  the establishment and empowerment of an appropriate State entity with the necessary authority to verify compliance with the regulations, hereinafter referred to as the Civil Aviation Authority (CAA).
2.1.2  Basic aviation law The basic aviation law of the State should: a) authorize the establishment of a CAA to be headed by a Director of Civil Aviation (DCA). (States may choose other titles for the head of the organization, but this title will be used throughout this manual); b) make provisions for the adoption of airworthiness regulations based on the provisions of the Annexes to the Convention on International Civil Aviation;
c)  authorize the DCA to: 1) register aircraft and maintain a national registry; 2) issue or validate Type Certificates; 3) issue Production Approvals, as the State of Manufacture; 4) issue, renew or validate Certificates of Airworthiness; 5) issue, amend, cancel and suspend airworthiness approvals, licences and certificates; 6) develop, issue and amend Airworthiness Directives (AD), bulletins, orders, etc.,
consistent with its airworthiness regulations; and 7) establish an airworthiness organization to assist in carrying out the functions and responsibilities of the office. This organization will often comprise an aircraft certification (or engineering) division, a production division and an airworthiness inspection division.
d) make provisions for the enforcement of the airworthiness regulations; and
e)  make provisions for authorized personnel to have the right of access to places as necessary to carry out airworthiness functions as provided for in the State’s regulations.

2.1.3 Airworthiness regulations
The airworthiness regulations adopted by the State should include provisions for:
a)  mandatory registration of all aircraft;
b)  implementation of the airworthiness provisions meeting the requirements of the Convention and the Annexes;
c)  all aircraft on the State’s registry to meet relevant airworthiness criteria adopted by the State;
d)  the issuance or validation of the Type Certificate for aircraft intended to be entered on the State’s registry;
e)  the issuance of production certificates or approvals of production organizations;
f)  the issuance, renewal and validation of certificates of airworthiness;
g)  the issuance of ADs, bulletins, orders, etc., consistent with the airworthiness regulations;
h)  the issuance, amendment, cancellation and suspension of airworthiness approvals, licences and certificates;
i)  persons or organizations performing specified functions in relation to the design, construction and maintenance of aircraft, components and parts in order to be holders of State approvals, licences and certificates as required; 
j)  authorized personnel to inspect and test aircraft, aircraft components, standard parts, materials or processes and systems for the purpose of ascertaining whether the processes and activities covered by an approval, licence or certificate have been carried out in a satisfactory manner; and
k)  the imposition of penalties for a contravention of, or failure to comply with, a provision of the State’s civil aviation laws, regulations or directives, or conditions issued, given, made or imposed under, or in force by virtue of, the State laws or regulations or directives.
Note.— See ICAO’s Manual of Model Regulations for National Control of Flight Operations and Continuing Airworthiness of Aircraft (Doc 9388) for guidance on the development of airworthiness regulations.
　
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