Audit Report Reveals Max Air Presented Altered Records, Serviced Aircrafts With Unauthorized Engineers

… Airline Resumed Operation Before Audit Findings Were Communicated

After risking the lives of airline passengers, the Nigerian Civil Aviation Authority has reversed its decision to allow Max Airline to operate its aircraft for failing to address key safety issues raised during the audit conducted by the Authority, THE WHISTLER can authoritatively report.

Max Air was suspended by the NCAA in a letter with reference number, NCAA/DG/AIR/11/16/363, dated July 12, 2023, for endangering the lives of Nigerians on four occasions.

The NCAA said in the letter that it suspended Parts A3 (Aircraft Authorization) and D43 (Aircraft Listing) of the Operations Specifications issued to Max Air Limited with regards to the operations of the Boeing B737 aircraft type in it’s fleet.

The Authority called for an investigation into the matter, and it set up a panel to audit the Max Air fleet.

But a few days after the audit was concluded, Max Air released a statement on July 29th, 2023 notifying customers that it would resume operations on July 30th, 2023.

A document obtained by THE WHISTLER from an operator who does not want to be mentioned revealed that the NCAA permitted the airline to commence operations without considering the main report out of the two reports submitted by the panel set to audit Max Air.

The document reveals further that the NCAA communicated to Max Air the audit findings on August 1, 2023, in a letter with ref: NCAA/DAWS/AD.1127/VOL.7/067. It is titled ‘Max Air Spot Audit’.

It reads, “Attn: Safety & Quality Manager ‘MAX AIR SPOT AUDIT’. Refer to the Authority’s letter with reference number NCAA/DG/AIR/11/16/363 dated 12. July 2023. Spot audit of your organization was carried out at Max Air’s facility in Kano from 17. July 2023, WI 202 July 2023, and several deficiencies were noted.

“These deficiencies were brought to the attention of your organization during the audit debrief. Find attached the Summary of Findings Form (Form: AC-AWS023A) containing the airworthiness related findings noted during the audit. Also attached is Appendix A containing detailed At of these findings in addition to those not captured in the summary Form.

“Max Air is required to review these findings and identify their root causes: develop, and implement immediate corrective action plans to not only close these findings but also mitigate their reoccurrences. Evidence of rectification of these findings must be submitted to the Authority within the indicated time limits. Please, be guided accordingly.”

It was signed by Engr. I. A. Nwabudike Aviation Safety Inspector For, Director-General

However, Max Air had resumed operations before the letter was sent.

NCAA Suspends Airline For Second Time After Careful Audit

However, the NCAA in a letter dated August 11, 2023 wrote Max Air about its B737 aircraft.

The document obtained by THE WHISTLER was signed by D. T. Spiff, the General Manager of Operations for the D-G, NCAA.

The letter is titled, ‘Immediate Suspension Of Parts A3 And D43 Of Max Air Ltd Operations Specifications.’

It reads, “Further to the Authority’s letter referenced NCAA/DOLT/MAX/VOL 1/02623 dated 30″ July, 2C23 refers.

“You may recall that the Authority was reviewing the result of the Audit as contained in the aforementioned letter items (1), (2), (3) and (4) when relief was granted for you to operate based on the assessment of the mitigating factors. Based on the in-depth review of both level one (1) findings and the mitigating factors, it was revealed that Max Air has twenty (20) level 1 and eight (8) level 2 findings and the mitigating factors did not take care of all the twenty (20) level I findings.

“In view of the above, the Authority hereby suspends the privileges of the A3 and D43 Parts of the Operations Specifications for B737 aircraft type with immediate effect until all the twenty (20) level 1 findings have been satisfactorily closed. Whilst the eight (8) level 2 findings be closed within a period of 90 days.

“A copy of the comprehensive Modular Audit report is attached for your Corrective Action Plans and implementation.”

Audit Findings Reveal Other Key Safety Issues

The audit findings contained in a 20-page document obtained by THE WHISTLER from the source who is also an operator revealed over 28 critical safety issues with the sampled fleet.

The Appendix A of the Audit report is titled ‘Detailed List Of Findings Noted During Audit Of Max Air Ltd’s Aircraft And Aeronautical Products Maintenance Practices Following Suspension Of The Operator’s B737cl Fleet.’

The report said Max Air submitted altered records to the NCAA and failed to replace some life-limited components due for replacement.

“For instance, the status of hard time components submitted by Max Air to the Authority during C of A renewal of 5N-MHM in 2022 includes this information: a. That the last hydrostatic test (HST) on a Cargo fire Extinguisher with P/N 34200409-1 and S/N 0511E1 was indicated as last carried out on 30th June 2013, and that it would become due on 30th June 2023.

“The hard time components list submitted to the Authority during the present audit now contains a different information that the last HTS on same component was last carried out on 30th June 2014, and that it would now become due on 30th June 2024. The operator has failed to produce documents, including the Form 1/8130 relating to the last HST carried out on these components,” the report said in part.

The second concern it revealed is that Max Air did not provide evidence that the main landing gears recently installed on 5N-MHM on 10th May 2023 are airworthy or serviceable.

For instance, “the FAA Form 8130-3 (Airworthiness Approval tag) dated 8th February 2023 for the LH MLG with S/N SS4547 shows that it was repaired and not overhauled. It further contains a statement ‘repaired I.A.W BAC CMM 32-16-01, revision 121 dated July 01, 2022.

“This FAA Form 8130-3 corrects an error in block 12 of the FAA Form HML 020223-51 dated 03 Feb 2023 and does confirm conformity/condition/release to service.’

“Max Air has not been able to provide documents containing the source and operational history of this part, the total flight cycles and flight hours accumulated from manufacture, the total flight cycles and calendar time accumulated from its last overhaul which could help determine when it would become due for next overhaul. Despite these anomalies, Max Air proceeded to install the part on the aircraft and started tracking the next overhaul period to be 21,000FC/10yrs from 10th May 2023.”

The NCAA audit noted that several incorrect maintenance practices were observed from the corrective actions taken by Max Air towards rectifying the birdstrike/FOD incident that occurred on 5N-MBD Engine #1 on 3rd July 2023

For instance, the report said “In the techlog page 0038007, a certifying staff with Max Air authorization number MAX 033 MTCE, made an entry “# 1 engine intake lip replaced IAW AMM 71-11-01/401, found ok” following a dent that was found on the engine cowl intake lip. P/N of Lip replaced was indicated as 314A1010-10 and S/N was indicated as not applicable (N/A).

“The Part’s rubbery tag indicates that this part was removed from another aircraft 5N-BDK. The accompanying Max Air

“Non-Routine and Unit Change Record” indicates “replacement of #1 engine intake due dent” and description of parts replaced was, again, shown as intake lip with P/N 3141010-10 with S/N not applicable.”

The panel discovered that some Max Air engineers perform maintenance tasks that they have not been trained and authorized to accomplish.

It revealed, “Max Air Work Order No. MBD-8A-0139-2 indicates that a verifying staff with Authorization number MAX 04 performed an engine ground run on 15th Feb 2023 following an engine #1 replacement on 5N-MBD. This personnel’s Authorization certificate shows that he is not authorized to perform Engine Ground Run.

“Max Air Work Order No. MBD-8A-0140-2 shows that a certifying staff with Authorization number MAX 40 performed an engine ground run on 15th Feb 2023 following an engine #2 replacement on 5N-MBD. This personnel’s Authorization certificate shows that he is not authorized to perform Engine Ground Run.

“Max Air work Order No. MHM-RC-0223-0013-3 shows that a certifying staff with Authorization number MAX 03 performed an engine ground run on 11th Feb 2023 following an engine #2 replacement on 5N-MHM. This personnel’s Authorization certificate shows that he is not authorized to perform Engine Ground Run.

“Techlog page 0038725 for 5N-MHM indicates that a certifying staff with Authorization number MAX 12 performed engine ground run following replacement of main engine control (MEC) and duct overheat switch on 11th July 2023. This personnel’s Authorization certificate shows that he is not authorized to perform Engine Ground Run”

The report also disclosed that Max Air certifying staff do not always accomplish duplicate inspections following the accomplishment of some critical tasks.

It said, “Max Air Work Order No. MHM-RC-0223-0013-2 shows that on 11th Feb 2023, a certifying staff with Authorization number MAX 03 performed installation of engine #2 on 5N-MHM. A duplicate inspection by appropriately qualified personnel was not performed.

“Following the incident involving water in the fuel tanks of 5N-MHM, an aircraft techlog log entry (ATL 0038721) shows that both the engine # 1 and #2 engine fuel filters as well as the APU fuel filters were replaced by the same certifying staff (with Authorization number MAX 033). This is a critical task that should have been identified as a Required Inspection Item (RII) requiring duplicate inspection by appropriately qualified personnel.”

The audit panel also discovered that Max Air has not been performing the Instructions for Continued Airworthiness (ICA) arising from modifications and repairs embodied on the sampled aircraft fleet.

The report also said that Max Air Ltd has not demonstrated efficient management of the Airworthiness Directives applicable to the B737 aircraft fleet to ensure that all applicable tasks are identified, tracked, and accomplished as and when due.

“Max Air, evaluation of Airworthiness Directives (ADs) and Service Bulletins (SBs) to determine their applicability and the specific tasks to be accomplished are carried out only by a Max Air Planning Officer instead of a team of qualified technical staff.

“The qualifications and aptitude of Max Air NDT personnel (two persons), who perform NDT inspections on Max Air aircraft and Wheels, were not found to be satisfactory,” the report said.

According to the report, several inconsistencies were observed in the NCAA Form 1 and supporting document titled “Workshop Traveller” that is issued from Max Air workshop after every wheel-tyre assembly.

The audit report stated further that the calibration of some of the sensitive equipment used by Max Air to perform NDT inspections on components were carried out by an organization that has not been accredited by the recognized accreditation body in Nigeria.

It revealed further, “Following the aircraft #1wheel removal that occurred on 7th May 2023 during take-off on 5N-MBD, and the subsequent explosion of the remaining #2 tyre during landing, it was observed that Max Air carried out Conditional inspection on the affected LH Main Landing gear without performing a similar inspection on the RH main landing gear which had taken most of the aircraft load during landing.

“Max Air could not provide records of some components presently installed on the aircraft or some components recently replaced on the aircraft.”

The report observed that Max Air does not have enough Planners and Technical Records personnel. It said the operator only has one Technical Records personnel while the duties of planning revolve around one individual even though Max Air had provided a list indicating that they have more than one Planner.

The audit uncovered that some of the unscheduled maintenance tasks performed by Max Air engineers and contracted AMOs were not supported with Work Orders.

Consequently, there were no clear instructions on what and how the task should be carried out.

The report disclosed, “It was discovered that Max Air does not comply with its procedures for ensuring the effectiveness of the Aircraft Maintenance Program as contained in the approved Reliability Program. For instance, reliability reports are not generated; and meetings are not held to review non routine maintenance tasks generated during scheduled maintenance.

“During the audit, it was discovered that some of the transit checks at some locations such as Portharcourt and Yola were carried out by the Pilot in Command (PIC) and not by a certifying staff. Page 11 of 11 Max Air has not provided any evidence that the pilot received appropriate trainings to perform this level of check.

“Even though Max Air’s Maintenance Training Manual contains procedures for ascertaining the continued competency of engineers/technical staff, these procedures were not being implemented.”

It further disclosed that Max Air’s B737 MEL was found not to be up to date. It said the MEL is based on MMEL Rev 61 whereas the latest FAA-issued MMEL revision, as at the time of the audit, is 62.

It added that, “Max Air B737CL -MSG-2 AMP is not up to date. It has not been updated to the latest revision of the MPD (D6-38278) dated 25th March 2023 (as at the time of the audit).”

THE WHISTLER contacted, Max Air Station Manager, Mr. Kehinde Ogunyale, for comment, he answered and dropped the call while our reporter was seeking his comment.

Further calls made to him were not answered. When messages were sent to him via text and WhatsApp for comment, he asked the reporter to contact the Kano head office.

He said, “I Am in maiduguri and network is bad.”

However, Ogunyale was online as of the time the WhatsApp messages were sent and he viewed all of the messages addressed to him.

Also, attempts to contact the Public Relations Director of the NCAA, Samuel Adurogboye, for comments proved abortive as calls and texts sent to his number have not been replied to as at the time of filing this report.