Avionics News October 2013 - 68

LEGAL EASE

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that if the recipient is unable to accept
an electronic form for any reason, then
the form must be issued in a paper format. The “H” revision to this order was
recently issued, but it has not changed
these basic tenets.
The requirement to issue a paper
format 8130-3 if the recipient cannot
accept an electronic version is again
consistent with the intent that no person
be required to use or accept electronic
records. However, neither can the parties be prevented from using electronic
forms, if they both agree. It should go
without saying that regardless of the format used – electronic or paper – that the
obligations to adhere to the instructions
for properly completing the form to satisfy all regulatory requirements remain
unchanged.

EASA Acceptable Means of
Compliance No. 1 to 21A.163(c) also
addresses electronic signatures and electronic transfers of EASA Form 1. Much
like Order 8130.21G, the AMC describes
a number of requirements that must be
met if the issuer of Form 1 elects to
use electronic signatures. The AMC also
states that electronic exchange of Form
1 is voluntary and that both the issuer
and recipient must agree to the use of the
electronic document.
Both the FAA’s and EASA’s guidance refer those who wish to use electronic signatures on electronic forms to
Air Transport Association Spec 2000.
Chapter 16 of that specification addresses implementation and guidelines for the
exchange of electronic documentation.
Notably, ATA Spec 2000 also states that
while there are numerous benefits to the
exchange of electronic forms, if a recipient is unable to accept electronic forms,

then the issuer must produce a paper version of the form instead.
Electronic forms, and the electronic
signatures that authenticate and validate
them, will only increase in usage in
the coming years. The numerous benefits, like ease of storage and transmission, reliability and business facilitation,
makes electronic documentation an
attractive option for many businesses.
But each business makes decisions on
its own schedule. Agreements between
parties to use electronic documentation cannot be prevented by supervising
agencies. For those businesses that prefer to retain hard copies of their records,
rather than electronic, or have not yet
implemented an electronic record keeping system, the option of paper documentation and a handwritten signature
cannot be denied. Each business must
make the correct decision for its record
keeping requirements. q

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Avionics News October 2013

Table of Contents for the Digital Edition of Avionics News October 2013