May 3, 2018 - No. 035 In This Issue NBAA Announces Maintenance Scholarship Recipients IFS debuts SaaS-based fleet, line planning solutions for commercial aviation Pakistan's biggest airport opens in Islamabad. N1 Offers Specialized Engine Mx Program Jet Aviation completes acquisition of Hawker Pacific House passes FAA reauthorization, general aviation responds Aviation Unions Accuse AMCON Of Starving Aero, Arik Of Funds To Stabilize The Modern Law of Aircraft Liens - for maintainers and managers H+S named MRO network partner for T700 engines Watch Blue Origin's New Shepard Capsule Soar to Space on Latest Test Flight NBAA Announces Maintenance Scholarship Recipients NBAA awarded its annual maintenance Technical Reward and Career Scholarships (TRACS) on May 1 at the 2018 NBAA Maintenance Conference in Albuquerque, New Mexico. According to the organization, the awards are an opportunity for business aviation maintenance technicians to improve their careers, as well as promote technical education and training within the industry. Participating companies included Abaris Training Resources, Bombardier Aerospace, Dassault Aviation, FlightSafety International, Garmin, GE Aviation, Global Jet Services, Gogo Business Aviation, Gulfstream Aerospace, Rockwell Collins, Rolls-Royce, Satcom Direct, Textron Aviation, USC Viterbi School of Engineering, and Williams International. Scholarship winners include Jakub Hnizda, who will participate in one engine course for Rolls-Royce engines currently in production. Garmin offered Alexander Makrakis and Cassandra Peterson scholarships for its G3000/5000 intro course. Meanwhile, Williams International provided Ariel Gleason, Chad Lewis, and Mark Matlack scholarships for its FJ series engine line-maintenance course. Satcom Direct offered awards to Spencer Aaltonen and Chris Potempa for its Aero IT Certification Course, while Global Jet Services offered Matthew Brown a scholarship to use towards any two-week initial course from its catalog. As USC offered Jacob Carson an award for its human factors course, GE Aviation offered Karl Doering a scholarship for its H80 turboprop engine line maintenance course, and Attila Szucs and Kyle Walker for its CF34 turbofan and CFM56 jet engine line maintenance courses, respectively. FlightSafety offered awards to the following: Rodney Fleming, for the Falcon maintenance initial training program; Alexander Giglio for the G650 maintenance initial training program; Clara McGee for the PT6 turboprop engine line maintenance course; and Christopher Myrick for the principles of troubleshooting training program. Abaris Traning Resources provided scholarships to Jacob Forster, Artem Goncharov, and Ronald Hoy for different phases of its M1-R1 advanced composite structures fabrication and damage repair course. Christopher Girouard, Cody Gunther, and Jeff Swanson will participate in Rockwell Collins' Pro Line Fusion avionics courses for the Embraer Legacy 500, Gulfstream G280, and Bombardier Global 5000/6000. Meanwhile, Bombardier Aerospace offered scholarships to Immanuel Bankole for its Global XRS Electrical Troubleshooting Course, Christopher Charlier for its Challenger 605/650 Avionics Course, Dale Luther for its Challenger 300 series Maintenance Initial Course, Khaled Mahfouz for its Lear 75 Avionics Course, and Victor Rae for its Lear 45 Maintenance Initial Course. Textron Aviation provided scholarships to Sean Kennedy for its King Air initial maintenance course and Bryon Konen for its Citation 525 series initial maintenance course. Meanwhile, Dassault offered Jeramey Laborce an award for its Falcon 7X EASy maintenance initial program, and Gulfstream offered Christopher Wendt a scholarship for its Gulfstream G650/G650ER maintenance initial course. Both NBAA and Gogo Business Aviation offered Zachary Martin registration and hotel expenses for the maintenance conference, and Grant Smith a scholarship for attendance to the conference. https://www.ainonline.com/aviation-news/general-aviation/2018-05-01/nbaa-announces-maintenance-scholarship-recipients Back to Top IFS debuts SaaS-based fleet, line planning solutions for commercial aviation, speeding operators' reactions to unexpected schedule changes ATLANTA. IFS, the global enterprise applications company with American headquarters in Itasca, Illinois, is launching IFS Maintenix Fleet Planner and IFS Maintenix Line Planner, two software-as-a-service (SaaS) solutions designed to help commercial operators of all sizes boost the efficiency of long-range and line maintenance planning, make the most effective use of available maintenance resources, and drive greater aircraft operational availability, company officials say. This launch represents the first in a series of SaaS-based IFS Maintenix solutions geared specifically for the mission-critical maintenance and engineering needs of the global commercial aviation market. Commercial aviation is witnessing an unprecedented growth in fleet sizes worldwide. Key to an operator's success is delivering the best maintenance plans that align closely with operational performance objectives while adhering to critical safety requirements. "Growing fleets, more routes and new, complex aircraft have increased the pressure on airlines to reduce maintenance costs, maximize resource allocation, and boost aircraft availability," says Scott Helmer, senior vice president of aviation and defense at IFS. "The maintenance plan is the foundation for this, as all downstream success - faster aircraft turnaround times, maintaining fleet airworthiness, and keeping maintenance and materials costs in check - is dependent on having solid but flexible plans in place. With IFS Maintenix Fleet Planner and IFS Maintenix Line Planner, customers can more cost-effectively meet these needs while being able to quickly scale as the market grows." IFS Maintenix Fleet Planner is designed to help generate more effective long-range plans for heavy maintenance activities and reduce the manual effort of keeping them up-to-date. It automatically generates simple or complex fleet maintenance plans, and offers the ability to compare plans against key performance indicators, model "what if" scenarios, and publish to production. These efficiency gains ensure decision-makers have the time and insight to choose the best possible plan and quickly react to schedule changes. The solution was designed with the input of experienced long-range planners from a cross-section of large and small aircraft fleet operators. As part of an early adopter program, IFS Maintenix Fleet Planner has already been selected by a large North American airline that operates a mixed fleet of wide-body, narrow-body and regional jets. The system has been subjected to real-world use and has demonstrated an ability to enable improvements in aircraft availability, check yield, and hangar utilization. IFS Maintenix Line Planner enables planners to efficiently create, maintain, and communicate an executable line maintenance plan. The solution helps drive greater efficiencies by focusing attention on high-priority items and identifying the cause of maintenance issues, such as lack of parts, labor or special tools. Through automated workflows, IFS Maintenix Line Planner empowers users to more readily react to last-minute schedule changes and maximize line operational capability, maintenance task yield, and network resources. The solution was co-developed in partnership with LATAM Airlines, the largest airline operator in Latin America with a fleet of over 300 aircraft and maintenance facilities spread throughout South and Central America. As IFS' partner in creating and proving the value of this solution, LATAM is live today and seeing the benefits from its use of IFS Maintenix Line Planner. "The sheer speed and scale of how LATAM Airlines works required a solution that could be quickly implemented without any disruption to our business while at the same time bringing substantial efficiencies to our planning process," says Sebastian Acuto, vice president of maintenance and engineering at LATAM. "IFS Maintenix Line Planner not only saves time for our planners and improves collaboration, it also creates better plans with improved yield and operational flexibility." Both IFS Maintenix solutions work seamlessly with any maintenance and engineering software system, and are deployed in a SaaS environment, enabling organizations to quickly and cost-effectively capitalize on innovative solutions to meet the evolving business needs of their maintenance management operations, while easily scaling in lockstep with changes to organizational and aircraft fleet plans. IFS Maintenix Fleet Planner is available immediately, while IFS Maintenix Line Planner will be available in Q3 2018. IFS develops and delivers enterprise software for customers around the world who manufacture and distribute goods, maintain assets, and manage service-focused operations. http://www.intelligent-aerospace.com/articles/2018/05/ifs-debuts-saas-based-fleet-line-planning-solutions-for-commercial-aviation-speeding-operators-reactions-to-unexpected-schedule-changes.html Back to Top Pakistan's biggest airport opens in Islamabad ISLAMABAD: Pakistan's biggest and first greenfield airport, Islamabad International Airport, was inaugurated on Tuesday by Prime Minister Shahid Khaqan Abbasi, following years of delay. The flight operations at the airport, however, will commence on Thursday, replacing the old Benazir Bhutto International Airport (BBIA) in twin city Rawalpindi. Pakistan's largest international airport is designed to facilitate 15 million passengers annually in the initial phase which would increase to 25 million after its expansion. This is a major improvement as compared to the 4.7 million traffic record of BBIA in 2017. Constructed at a cost of more than Rs100 billion, the Y-shaped airport is located 30km from the heart of Islamabad's business centre Blue Area. Pakistan's most modern airport boasts state-of-the-art equipment and will be country's first airport to accommodate two double-deck Airbus A380s, the world's largest aeroplane. Speaking at the opening ceremony, PM Abbasi said that the new airport reflects the economic development in the country in recent years. "The new Islamabad airport is located at the crossroad of the China-Pakistan Economic Corridor and it will open a new gateway for the country's development" offering trade and employment opportunities to the people. "Aviation is close to my heart personally," said Abbasi, who is associated with a private airline in the country. Lauding the efforts of Adviser to the PM on Aviation Sardar Mehtab Sardar Mehtab, Air Marshal Salam, Irfan Illahi and other officials, he said: "Aviation is a challenging, dynamic field. It keeps changing rapidly and if we don't change ourselves we will be left behind." Shortly after its inauguration, the airport welcomed its first flight as a Pakistan International Airlines (PIA) flight PK-300 landed at the new airport at 11:15am. The president and CEO of PIA, Mushrraf Rasool Cyan, accompanied the passengers on the flight. International carriers, including Emirates, Qatar Airways, Thai Airways, China Airlines, Oman Air, Etihad Airways, Saudia, Gulf Air, Kuwait Airways and Turkish Airlines, operate flights to and from Islamabad along with PIA, Shaheen Air, Serene Air and Air Blue. Main features Spanning over 4,238 acres of land, the new airport consists of two runways each 3.5km long, 28 aircraft parking aprons, 15 remote bays, a cargo apron for parking of three aircraft, main and emergency runways, taxiways, aircraft maintenance apron and parking bays for wide-body aircraft. There would be 15 air-conditioned jetways out of which two have been specified for the wide-body aircraft A380. The current Islamabad airport had no boarding bridges and only a few immigration desks, which were insufficient for handling the influx of thousands of passengers. The four-level terminal building also includes a cargo terminal, fuel farm, state-of-the-art firefighting station and rescue facilities. The airport consists of 90 check-in counters and a parking facility for 2,000 vehicles. Around 1,200 Airport Security Force personnel are expected to be deployed at 85 security towers to ensure safety. The airport would also comprise of a four-star transit hotel, duty-free shops, food court, a mini-cinema and children's play area to help ease long layovers. https://gulfnews.com/business/aviation/pakistan-s-biggest-airport-opens-in-islamabad-1.2214769 Back to Top N1 Offers Specialized Engine Mx Program N1 is aiming to change the way business aircraft customers receive engine maintenance. The company, a four-year joint venture between B & G Aviation and Directional Aviation Capital, specializes in Honeywell's HTF7000 series, 36-150 APU, and TFE731, as well as Pratt & Whitney Canada's PW500 series, JT15D, and PT6. In addition to offering services like engine maintenance and fleet management, N1 offers a specialized engine maintenance program called the Smart Engine Program. This program offers benefits not available with traditional maintenance programs, according to N1. Traditional maintenance programs require customers to pay for services even if they do not end up using them. The Smart Engine Program, on the other hand, offers coverage only for the services customers use, allowing them to choose their level of service and customize the options included to suit their requirements. This program offers catastrophic coverage, as well as scheduled and unscheduled maintenance. According to N1 president Bill Metera, those enrolled in the Smart Engine Program can save up to 40 percent compared to traditional maintenance programs. Currently, there are approximately 150 engines enrolled in the program. "Our target audience is the people that buy a used airplane or a secondary market," Metera told AIN. "They are the people that are really smart about the way they control their maintenance costs." N1 offers maintenance services such as line maintenance, component repair and exchange, 2,000/4,000/8,000-hour inspections, global AOG, and rapid response teams. It also offers a fleet management program through which customers receive assistance with contract negotiations, reviews of engine test results and can witness tear-down inspection at the facility. Metera told AIN that the company plans to introduce at least one more engine type this year. While it has six bays throughout Arizona, N1 has two main locations: Mesa, Arizona, and Morgantown, West Virginia. https://www.ainonline.com/aviation-news/business-aviation/2018-05-01/n1-offers-specialized-engine-mx-program Back to Top Jet Aviation completes acquisition of Hawker Pacific BASEL, Switzerland, May 2, 2018 /PRNewswire/ -- Jet Aviation announced today that it has completed its acquisition of Hawker Pacific, a leading provider of Civil MRO, Fleet and FBO Services, and Aircraft Sales across Asia Pacific and the Middle East. The transaction is valued at US$250 million. Rob Smith, president of Jet Aviation, said: "We are now in a position to further expand our current portfolio, enter new markets across Asia-Pacific and the Middle East, and offer more options and value to our customers worldwide. Bringing together these two well-established brands reinforces our position as one of the world's leading business aviation service providers." As part of this acquisition, Jet Aviation will add 19 locations across Asia Pacific and the Middle East to its global network, including 7 FBOs, 14 MRO facilities and over 400,000 sq ft of hangar space. More than 800 employees will also become a part of Jet Aviation. Jet Aviation, a wholly owned subsidiary of General Dynamics (NYSE: GD), was founded in Switzerland in 1967 and is one of the leading business aviation services companies in the world. More than 4,800 employees cater to client needs from close to 50 facilities throughout Europe, the Middle East, Asia, North America and the Caribbean. The company provides maintenance, completions and refurbishment, engineering, FBO and fuel services, along with aircraft management, charter services and personnel services. Jet Aviation's European and U.S. aircraft management and charter divisions jointly operate a fleet of some 300 aircraft. Please visit www.jetaviation.com and follow us on twitter: http://twitter.com/jetaviation. More information about General Dynamics is available online at www.generaldynamics.com. https://www.prnewswire.com/news-releases/jet-aviation-completes-acquisition-of-hawker-pacific-300640929.html Back to Top House passes FAA reauthorization, general aviation responds On April 27, the U.S. House of Representatives passed the FAA Reauthorization Act of 2018 (H.R. 4) by a vote of 393-20-13, funding the FAA for another five years. The welcomed bipartisan move was widely lauded and celebrated by a general aviation industry that had coalesced for progress. Additionally, the privatization of air traffic control (ATC) was abandoned in the final bill, another win for general aviation groups. "While not a perfect bill, it's most definitely a good day for general aviation with the House passage of it," noted Amy J. Bednarcik, executive vice president of I Fly America (IFA), in a statement sent to MultiBriefs. "Funding the FAA for a 5-year period is certainly a productive and positive outcome, and one that is necessary to further modernize and advance our aviation system," she said. GA optimistic, wary The GA community's response to the legislation passage has been split between optimism and caution. John Goglia, chairman for the Professional Aviation Maintenance Association (PAMA), shared his optimism in a statement to MultiBriefs. "We recognize the upcoming workforce challenge, and the need to attract the next generation of aircraft maintainers, and support the inclusion of language directing GAO to examine aviation maintenance industry workforce issues. It's good to see that our national leaders recognize the problem and are taking steps to support the future of our craft," said Goglia. The General Aviation Manufacturers Association also praised the U.S. House of Representatives for passing the bill, expressing hope that the act will help advance key priorities for the general aviation manufacturing industry. "H.R. 4 contains provisions to dramatically improve the FAA certification process, including directing that the FAA fully utilize Organizational Designation Authorization, sending a clear message to the FAA to improve safety cooperation with international partners by focusing on effective and efficient validation and acceptance processes, streamlining FAA's acceptance of mandatory continuing airworthiness instructions, and directing the FAA to improve its guidance and communication in order to establish more consistency in regulatory interpretation." While many in the aviation community are relieved the U.S. House of Representatives was able to come to a bipartisan agreement to fund the FAA for a long-term period of time, there was some consternation over a few of the bill's provisions. Privatized ATC, for example, has been a point of contention in the process towards passing the bill, almost leading to its derailment before opposition from general aviation led to it being abandoned. ATC privatization removed "We are so proud of the GA community for letting its voice be heard in opposition to the last-minute effort to privatize the ATC," Bednarcik continued, referring to a last minute amendment by Rep. Bill Shuster, R-Pa., to insert ATC privatization language into the legislation. Shuster introduced the bill change on April 24, hours before the bill was to go to a vote. Section 5 of the amendment would have moved the FAA Air Traffic Organization to the Department of Transportation. Also, a 13-member board would have been appointed under the amendment to "advise" the DOT on how to run the system. Following a concerted effort by the general aviation community in opposition, the amendment was ultimately removed from the legislation a day later. Favorable provisions While there were aspects during the bill's formulation that GA opposed, there were desirable aspects, too. For example, according to Bednarcik, "the provisions of the bill address many of the concerns and priorities of the general aviation community including extending the aircraft registration period from three years to 10 years, ensuring the FAA aircraft registry office remains open in the event of a government shutdown, support of airport investment and others equally important." Rep. Chuck Fleischmann, R-Tenn., celebrated the inclusion of his two amendments: One pushing for the use of geosynthetic materials and another for the cost and time reduction of airport pavement projects. The bill also included language that protected commercial flyers. According to Mary Kirby with RunwayGirlNetwork.com, "[a]mong a multitude of consumer and crew protection provisions outlined in the bill - including making it generally unlawful to involuntarily bump an already-boarded revenue passenger - the FAA would have one year to set minimum dimensions for 'seat pitch, width, and length' as deemed necessary for the safety and health of passengers, and as proposed by Congressman Steve Cohen's so-called SEAT Act." The bill also asks the FAA to investigate the recent fatal Southwest engine malfunction incident. IFA's Bednarcik reminded that the process toward passing a complete law isn't over yet. "The Senate bill is next with its review/debate in May and we're looking forward to a similar outcome," she noted. "All in all, [it was] a good day for general aviation." http://exclusive.multibriefs.com/content/house-passes-faa-reauthorization-general-aviation-responds/civil-government Back to Top Aviation Unions Accuse AMCON Of Starving Aero, Arik Of Funds To Stabilize nions in the Nigeria aviation industry have accused Asset Management Company of Nigeria (AMCON) of deliberately starving the two airlines in the industry under its control of funds. The unions specifically warned that if the new owners of the airline refused to inject funds into them, they may eventually close shops. Speaking today during the May Day rally held at the Murtala Muhammed Airport (MMA), Lagos, on behalf of other unions, the President of Air Transport Senior Staff Services of Nigeria (ATSSSAN), Comrade Ahmadu Illitrus, decried that since the takeover of Aero Contractors, AMCON willfully starved the airline of funds. He emphasized that such step by AMCON would have an adverse effect on the growth of the airline, saying that efforts made by the Chief Executive Officer of Aero, Capt Ado Sanusi to ensure injection of funds in the airline were rubbished by AMCON. He explained that the only resort left for the union was to ground the operations of the airline, but warned that the option may work against the remaining staff of the carrier as all its members working in the airline would lose their jobs even without getting their severance packages. Illitrus, however, posited that the industry unions would continue to negotiate with the management of the airline in order to ensure that the interests of its members were adequately taken care of. He pointed out that steps taken in recent time by the management of the airline may see the carrier return to its former viable position, as plans were in place by the management to increase the current fleet from three aircraft; two Dash 800 aircraft and one Boeing 737 aircraft, which was refurbish in its maintenance hangar to five. He explained that two additional aircraft were being expected to beef up the operations of the airline, stressing with additional two, the issue of redundancy in the airline would be addressed. He said: "Aero has some prospects, but the management of AMCON is not willing to inject some money into the airline. The unions are in a precarious situation, but we don't want to shut down the airline. Once we shut down the airline, our members working in the company would be affected and what we didn't want to happen will eventually happen. "The current Managing Director of the airline, Capt. Ado Sanusi has made efforts to ensure that AMCON injects funds into the airline, but they don't want to do that. He has gone as far as contacting some emirs in the North for this." "However, I believe that very soon, the current challenges in Aero would be addressed. Once additional two aircraft, which were in maintenance base, arrive, we won't be talking about redundancy again. Our members will return to the airline and continue their work there." It would be recalled that Aero had disengaged about 60 percent of its workforce following its total takeover by AMCON on February 5, 2016. The disengaged workers were declared redundant as protracted management crisis, saw the airline fleet dip from 18 to five and then to three with severe revenue losses. But, it was not an entirely hopeless situation as the airline recently received a license from the Nigerian Civil Aviation Authority (NCAA) to commence the C-checks and other maintenance works on the Boeing 737-500 classic type of aircraft. Aero Contractors is Nigeria's oldest aviation company, which commenced business in 1959, initially providing services to the oil and gas sector before venturing into fix wing operations in 2000. Currently, AMCON owns 60 percent of the company with the remaining 40 percent held by the Ibru family. AMCON had in 2010 invested N15 billion in Aero and later injected N5 billion, bringing its total financial exposure to N20 billion. A source close to the airline, however, told our correspondent that while the management of the airline had reabsorbed some of its technical staff following the approval was given to it recently by NCAA to carry out C-Check on series of Boeing 737 aircraft, it was yet to pay the disengaged staff their severance packages raising concern over its financial health. On Arik Air, observed that AMCON took over the airline because of poor corporate governance in the airline. He decried that the total debts incurred by AMCON nationwide were N181bn of which 90 percent was from aviation. On the improved conditions of service to workers, he assured the workers that the government would by September this year address the issue. Besides, he emphasized that the unions would in the next few weeks embark on seven days warning strike to ensure that the ex-workers of the airlines were paid their severance packages. He declared that all efforts to ensure that the former workers were paid did not yield the result, but said that the strike would compel the government to do the needful. http://saharareporters.com/2018/05/01/aviation-unions-accuse-amcon-starving-aero-arik-funds-stabilize Back to Top The Modern Law of Aircraft Liens - for maintainers and managers The law of liens is not a topic with which many in the aviation industry are particularly familiar or comfortable. This is understandable for a number of reasons. Lien is an ancient construct of the Common Law which has never been codified nor shaken off its historical roots - cases about stabling of horses by innkeepers are still cited as important authorities (including by the Supreme Court recently in The Kos). The applicable principles are synthesised from contract, bailment, unjust enrichment and customary law. With a few exceptions, there is no real body of aviation cases. Any proper analysis requires one to dip into a number of other areas of law. The problem is compounded by the fact that in the commercial environment the lien is not recognised by aircraft maintainers, at least at the contract negotiation stage, as a primary form of security. Lien clauses seem to be inherited or pasted from standard forms rather than consciously planned as credit risk mitigation. The lien typically first arises as a topic of conversation towards the end of a shockingly expensive maintenance project when the AMO starts to worry that that the client cannot or will not pay the price. It is then that the yellow marker finds its way to the standard lien clause. Nevertheless, in a stressed market, the lien is an increasingly important tool in credit management. There are four issues typically confronted by aircraft maintainers, and their owner/clients: 1. The components of an effective demand for the purpose of exercising a lien. 2. Recent cases which suggest a loosening of the types of charges which can be secured by way of a lien. 3. How and when the lien can be lost by way of a surrender of possession. 4. The problem of the third party lien - circumstances in which a sub-bailee can properly acquire a lien enforceable against the ultimate owner. (1) The requirements of an effective demand It is not unusual, when opening a new set of instructions, to find letter by a maintainer refusing to return the aircraft to the owner, asserting a lien and promising a full account of charges shortly. The key question which arises is whether lien holder can claim a lien for sums due without immediately specifying the amount of the payment demanded. It is a question of considerable consequence. A lien is not a proprietary interest. It is no more than a limited passive defence to a claim of possession by the true owner. If a mistake is made, and the exercise of the lien is defective, it will be a wrongful denial of possession, exposing the aircraft maintainer to a very substantial claim for damages for conversion. The law is that, for the demand to be effective, the lien holder must either specify the sum to be paid or, at least, provide the owner of the aircraft with sufficient information from which he can make his own calculation. There was a practical application of the principle by the Court of Appeal in Singh v Thaper . Mr Thaper was an accountant for Mr Singh personally and his companies. He worked over about three years without submitting an invoice. On several occasions, Mr Thaper said his fees "had reached £20,000 plus VAT". In his Defence, Mr Thaper claimed that he was entitled to £31,110. The figures were not reconciled. The Court rejected his claim to have exercised the lien properly. The Court relied on a dictum of Scrutton LJ in Albemarle Supply Co. Ltd. v. Hind & Company(1928): "A person claiming a lien must either claim it for a definite amount, or give the owner particulars from which he himself can calculate the amount for which a lien is due. The owner must then in the absence of express agreement tender an amount covering the lien really existing. If he does not, unless excused, he has no answer to a claim of lien. He may be excused from tendering (1) if he has no knowledge or means of knowledge of the right amount; (2) if the person claiming the lien for a wrong cause or amount makes it clear that he will not release the goods unless his full claim is satisfied, and that claim is wrongful. The fact that the claim is made for more than the right amount does not matter unless the claimant gives no particulars from which the right amount can be calculated, or makes it clear that he insists on the full amount of the right claim." What is important about the Thaper case, is that Mr Singh does appear to have specified a figure due, albeit a very rounded figure of £20,000, but that was not good enough for the Court of Appeal. Its reasoning appears to have been that it was plain from the circumstances that Mr Thaper's figure was a rough figure offered before any proper invoicing calculation had been attempted. It was more of an estimate rather than a specific figure, and the client was given no explanatory invoice from which he could make his own assessment. It was therefore not a valid demand. In the light of the Thaper case, it may not be enough for AMOs simply to identify a balance due when asserting a lien. It is safer for them to provide a full supporting statement of account showing their workings. (2) A loosening of the types of charges which can be secured by way of a lien? There have been two recent cases which appear to signal a change in the conventional understanding of the limits on the charges which can be secured by way of the lien; The LEHMAN TIMBER and The KOS. Before going there, it is worth laying out the traditional understanding of the possessory lien. There were two related principles: 1. There was no lien for the maintenance of a chattel. The lien could only be claimed for the improvement of the chattel. The prevention of deterioration should not be equated with "improvement" (Albemarle v Hind). 2. The lien holder could not include within the lien the cost of storage and maintenance after the exercise of the lien (Somes v BES). These two limitations have been perceived to be a weakness in the possessory lien over aircraft. It is very difficult in the aviation context to apply the distinction between "improvement" and the "prevention of deterioration". Even if an aircraft is kept in a hangar, it requires potentially expensive scheduled maintenance to remain airworthy. If the schedule is not observed, the value can drop dramatically. Furthermore, the price of maintenance work is reflected positively in the aircraft value as much as pure "improvement" work. Nevertheless, it has been assumed that the distinction was valid and that maintenance and hangarage charges could not be claimed by way of lien. The judgment of Rix LJ in The LEHMANN TIMBERmay signal a change of direction. It suggests that the conventional limits on the possessory lien were intended for the protection of consumers and may not apply in a purely commercial context. In The LEHMANN TIMBER¸the owners of the vessel claimed a lien over a cargo of steel coils. Significantly, the charges claimed under the lien included a reasonable charge levied by the owners for the storage of the coils on board for the period after the exercise of the lien. The cargo owners argued, relying on the Somes case, that there could be no lien for simple storage charges, as distinct from the cost of "improvement", especially where those charges relate to the period after the exercise of the lien. Rix LJ rejected the argument. His reasoning, in essence, was that 1. In the commercial context, there is less reason for restricting the lien to protect the lienor. Indeed, the lien holder may be more deserving of protection: "Such a doctrine may work more or less satisfactorily in the typical case of an artificer's lien, but in a highly commercial setting such as ship-building or ship-repairing the case itself illustrates the harshness and uncommerciality of the limitations of the doctrine. Where the lienor cannot pay, the lien is worthless, because it does not bring with it a right of either expenses or sale; and where the lienor will not pay, he can blackmail the lienor with the expense of retention: even though he could choose, if he wished, to obtain the release of his chattel by giving adequate security for the lienee's claim (and nowadays by a payment into court)." "A shipowner should not be required to abandon his lien because the only other choices facing him were the disastrous ones of turning his ship into a floating warehouse for an indefinite period, or throwing the cargo into the sea, or storing them on land at his own expense." It may be possible to apply this reasoning in the context of aircraft. Experience shows that AMOs can be easily intimidated by the cost and trouble of having to maintain the aircraft whilst the owners argue over the cost of discharging the lien. It is not unfair that the AMO should be able to add the costs of storage and ongoing maintenance to the lien.There is a promising argument that the AMO should not be left with the unpalatable choice between incurring further unsecured charges or abandoning the aircraft on a corner of the apron. 2. There is no good reason for the distinction between the unpaid costs of improvements and the costs of ongoing storage. Both arise as a result of a breach of contract by the debtor: "Shipping is performed on the basis that time is money and that a ship is a floating and travelling warehouse for which cargo must pay either in the form of agreed freight or hire, or by way of damages for any breach of contract. If the ship is delayed by the cargo owner's failure to arrange timely discharge... , the cargo owner must pay .... That is the commercially just result, and the authorities reflect the search for the just and reasonable result. Thus the exercise of a lien must be reasonable ...". By the same reasoning, it might be said in the aviation context, that the cost the occupation of the maintainer's hangar by the aircraft is as much of a cost for the aircraft owner as repairs or upgrades to the aircraft. As a result of The LEHMANN TIMBER, there is an enticing opportunity to argue, in the aviation context, that all maintenance charges and hangarage is secured by the possessory lien, regardless of the question of whether the aircraft has been "improved". (3) How and when the lien can be lost by way of a surrender of possession? This is another practical concern. It is a truism that if the lien holder parts with possession, he loses the lien. The first problem sometimes arises under operating or management agreements. Under the management agreement the owner gives possession of the aircraft to the manger and in return the manager agrees to supply flights to the owner. Does each flight represent a surrender of the possessory lien for prior charges? Probably not. There seems to be a racing car case in every corner of the law of liens. This is no exception. In Rose v CMS, the claimants owned two Chrysler Viper racing cars. They were kept at the defendant's premises for the season and taken to race circuits for the claimants to race in them. It was held that the handing over of the cars for the races only, did not amount to a surrender of the lien. The temporary giving of possession did not interrupt the defendants' legal right of possession. By analogy, most aircraft managers can probably argue that they have uninterrupted possession of the aircraft for the purposes of claiming a possessory lien. The second, related question is whether the aircraft manager loses the possessory lien if he sub-bails the aircraft to a maintenance organisation say to do maintenance work. It seems that the concept of constructive possession can be deployed. It obviously depends on the terms between the manager and the maintainer. If those terms require the maintainer to return the aircraft to the manager and are not inconsistent with the lien, the lien should survive. There is no reported English case. There is an unreported case, of Neil J in Densham v Fallon Aviation (1982) in which he upheld a decision of arbitrators that a sub-bailment of the aircraft for repair left the bailiors with constructive possession sufficient for them to maintain their possessory lien. There is also a recent Scottish case concerning a Mexicana A320; Wilmington Trust v Rolls Royce. There Wilmington Trust had leased the aircraft to Mexicana with a limited prohibition against creating liens. Mexicana contracted with IAE for the maintenance of the engines. IAE sub-contracted the engine repair work to Rolls Royce. The engines were delivered to Rolls Royce. IAE paid RR for their work but the engines remained in the possession of RR. Mexicana went into liquidation without paying IAE. IAE claimed a lien over the engines in Rolls Royce's possession. The Outer House held that the control IAE excercised over the engines in Rolls Royce's hands was sufficient in law to found a claim for a lien by IAE. Obviously, the issue is highly fact -dependent, but there is no reason in principle why a party having only constructive possession of an aircraft in the actual possession of a delegate should not be entitled to claim a possessory lien. It is therefore possible at least in theory, in the Wilmington type case, to have two parties in the chain claiming a lien simultaneously. A party such as Rolls Royce in actual possession of the aircraft at the end of the chain claiming its lien - under the law of sub-bailment on terms. And an intermediate party such as IAE claiming a lien as constructive possessor. Conclusions The law applicable to aircraft liens is largely drawn from case-law in other areas. Lien demands require a specific sum to be identified and, probably, the basis of the calculation to be set out. There appears to be a shift towards loosening the limits on lienable charges, so as to include costs other than just the costs of improvement of the aircraft. The possessory lien may not be lost as a result of providing flights on the aircraft nor when sub-delegating maintenance work. (This is a summary of a talk given by Matthew Reeve as part of a seminar at Quadrant Chambers at on 6 February 2018 for selected guests in the Aviation community "The Aircraft as Property".) https://www.lexology.com/library/detail.aspx?g=018002ea-c695-4b4b-a851-185ba45e346b Back to Top H+S named MRO network partner for T700 engines H+S Aviation, a BBA Aviation Global Engine Services company, is now a member of the GE Aviation-approved maintenance, repair and overhaul (MRO) network for T700 engines around the globe after a recent agreement between the independent engine services provider and the original equipment manufacturer (OEM). The company has full capabilities to support all T700 series engines on board Black Hawk and Apache helicopters. "As an official GE MRO network partner, our customers will enjoy the same benefits of using the OEM, such as access to the latest manuals, parts and procurement, but with the added flexibility of an independent MRO provider," said Andrew Ferguson, H+S Aviation's commercial director. "We offer full repair capabilities including component repair, on-wing and troubleshooting support in the field and two OEM-approved test cells." Additionally, Ferguson said that the company focuses on meeting the needs of their customers through personalized engine maintenance and repair packages. "There is no one size fits all technique," he said. "We prefer to meet with operators, identify their specific requirements and understand their situation. Our approach enables us to propose engine repair solutions that provide the best value to the operator." The company supports MRO of the T700 for all non-program engine variants used in military fleets and civil aviation around the world and in industries such as law enforcement, firefighting and rescue, and VIP travel. For more information on H+S Aviation's support of the T700 or other engine programs, please visit www.HSAviation.co.uk. https://www.verticalmag.com/press-releases/hs-named-mro-network-partner-t700-engines/ Back to Top Watch Blue Origin's New Shepard Capsule Soar to Space on Latest Test Flight Blue Origin's New Shepard suborbital system aced its highest test flight yet over the weekend, and you can re-live the spaceflight action in a new video. The 1-minute video captures all the highlights of Sunday's (April 29) uncrewed mission, which took off from Blue Origin's West Texas test site. https://www.space.com/40450-blue-origin-new-shepard-eighth-flight-video.html The New Shepard booster-capsule combo reached a maximum altitude of nearly 66 miles (107 kilometers) during the flight, company representatives said. And then each component came back down to Earth safely, the rocket landing vertically on a designated pad and the capsule gliding down softly under parachutes, throwing up a cloud of dust when it hit the desert floor. The mission officially reached space, flying higher than the 62-mile (100 km) altitude recognized as the boundary between Earth in space. Blue Origin, which is run by Amazon.com founder Jeff Bezos, is developing New Shepard to fly customers and scientific experiments on brief missions to suborbital space. Sunday's flight featured a few science payloads and one (inanimate) passenger - an instrument-laden dummy dubbed Mannequin Skywalker. Bezos credited the launch to his lucky cowboy boots, which he's shown off before for Blue Origin launches. "The lucky boots worked again," Bezos wrote on Twitter after the launch. "Huge kudos and thanks to the entire @BlueOrigin team. #GradatimFerociter." Gradatim Ferociter is Latin for Step by Step, Ferociously, Blue Origin's motto. Sunday's mission marked the eighth suborbital spaceflight for the New Shepard system. The rocket and capsule have aced their landings on all of these flights except the first one, which took place in April 2015. On that mission, the capsule touched down safely, but the booster crashed during its landing attempt. If all continues to go well with the test program, New Shepard could start carrying people to suborbital space and back as early as this year, Blue Origin representatives have said. Blue Origin is also developing an orbital rocket called New Glenn, which is scheduled to make its launch debut in 2020. The first stage of this booster will be reusable. Blue Origin's long-term vision involves helping to get millions of people living and working in space. Reusability should slash the cost of spaceflight, potentially making this goal economically feasible in the relatively near term, Bezos has said. SpaceX founder and CEO Elon Musk is thinking along the same lines. SpaceX lands and re-uses the first stage of its Falcon 9 orbital rocket, and the company is designing its Mars-settling rocket-spaceship combo, known as the BFR, to be reusable as well. https://www.space.com/40450-blue-origin-new-shepard-eighth-flight-video.html Curt Lewis