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Comparative analysis of legislation governing maintenance check flight of aircraft

Aviation activity is conducted under the ambit of internationally agreed upon Air Law, which imposes the International Civil Aviation Organisation (ICAO)'s Standards and Recommended Practices upon global aviation stakeholders. The imposition of standardised Air Law is in line with ICAO's founding ch...

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Bibliographic Details
Main Author: Rogers, Matthew
Other Authors: Salazar, Philippe-Joseph
Format: Thesis
Language:English
English
Published: Centre for Law and Society 2025
Subjects:
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access_status_str Open Access
author Rogers, Matthew
author2 Salazar, Philippe-Joseph
author_browse Rogers, Matthew
Salazar, Philippe-Joseph
author_facet Salazar, Philippe-Joseph
Rogers, Matthew
author_sort Rogers, Matthew
collection Thesis
description Aviation activity is conducted under the ambit of internationally agreed upon Air Law, which imposes the International Civil Aviation Organisation (ICAO)'s Standards and Recommended Practices upon global aviation stakeholders. The imposition of standardised Air Law is in line with ICAO's founding charter, which declares the principles of regulatory uniformity and safety as fundamental postulates. While ICAO's efforts at the standardisation of Air Law are commendable, certain aviation activities occur in the absence of agreed-upon international standards. The Maintenance Check Flight (MCF) is one such activity. An MCF supports the aircraft maintenance process by verifying aircraft system operability after the completion of a maintenance task, or as a troubleshooting step before corrective maintenance action. MCFs are considered more risky than regular commercial flights,1 with several accidents on record which are attributable to the MCF process.2 Despite the elevated risk associated with MCF, there exist notable inconsistencies in MCF regulation across international aviation legal systems. This inconsistent regulatory stasis appears to be at odds with ICAO's fundamental principles, and prompts a compelling research question: what legislative framework exists to promote safety during MCF activity across different legal systems? This study analyses the practical aspects pertaining to MCFs, as well as South African and European Aviation Safety Agency (EASA) jurisprudence to determine the basis of MCF risk, and whether this risk may be managed by exacting Air Law.
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id oai:open.uct.ac.za:11427/41876
institution University of Cape Town (South Africa)
language English
eng
last_indexed 2026-06-10T12:31:34.243Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher Centre for Law and Society
publisherStr Centre for Law and Society
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/41876 Comparative analysis of legislation governing maintenance check flight of aircraft Rogers, Matthew Salazar, Philippe-Joseph Maintenance Check Flight (MCF) Civil Aviation Organisation (ICAO) Aviation activity is conducted under the ambit of internationally agreed upon Air Law, which imposes the International Civil Aviation Organisation (ICAO)'s Standards and Recommended Practices upon global aviation stakeholders. The imposition of standardised Air Law is in line with ICAO's founding charter, which declares the principles of regulatory uniformity and safety as fundamental postulates. While ICAO's efforts at the standardisation of Air Law are commendable, certain aviation activities occur in the absence of agreed-upon international standards. The Maintenance Check Flight (MCF) is one such activity. An MCF supports the aircraft maintenance process by verifying aircraft system operability after the completion of a maintenance task, or as a troubleshooting step before corrective maintenance action. MCFs are considered more risky than regular commercial flights,1 with several accidents on record which are attributable to the MCF process.2 Despite the elevated risk associated with MCF, there exist notable inconsistencies in MCF regulation across international aviation legal systems. This inconsistent regulatory stasis appears to be at odds with ICAO's fundamental principles, and prompts a compelling research question: what legislative framework exists to promote safety during MCF activity across different legal systems? This study analyses the practical aspects pertaining to MCFs, as well as South African and European Aviation Safety Agency (EASA) jurisprudence to determine the basis of MCF risk, and whether this risk may be managed by exacting Air Law. 2025-09-19T12:15:12Z 2025-09-19T12:15:12Z 2025 2025-09-19T12:09:01Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/41876 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town
spellingShingle Maintenance Check Flight (MCF)
Civil Aviation Organisation (ICAO)
Rogers, Matthew
Comparative analysis of legislation governing maintenance check flight of aircraft
thesis_degree_str Master's
title Comparative analysis of legislation governing maintenance check flight of aircraft
title_full Comparative analysis of legislation governing maintenance check flight of aircraft
title_fullStr Comparative analysis of legislation governing maintenance check flight of aircraft
title_full_unstemmed Comparative analysis of legislation governing maintenance check flight of aircraft
title_short Comparative analysis of legislation governing maintenance check flight of aircraft
title_sort comparative analysis of legislation governing maintenance check flight of aircraft
topic Maintenance Check Flight (MCF)
Civil Aviation Organisation (ICAO)
url http://hdl.handle.net/11427/41876
work_keys_str_mv AT rogersmatthew comparativeanalysisoflegislationgoverningmaintenancecheckflightofaircraft