Delegation Limits and Independence
Section 05: Delegation & Roles
Definition
The boundaries placed on designated individuals and organizations regarding the types of certification activities they may perform, and the requirement that those performing delegated functions exercise independent technical judgment free from undue organizational pressure. Delegation limits are documented in appointment letters (for DERs), authorization letters (for ODAs), or the Design Organisation Handbook (for DOAs). Independence means that the person making a finding of compliance or airworthiness determination must not be subject to commercial, schedule, or management pressures that could compromise the integrity of their technical judgment.
Where This Shows Up
Independence is a cornerstone of the delegation system. Regulatory authorities worldwide require that designees and authorized persons maintain objectivity. For FAA DERs, Order 8110.37 specifies that DERs must exercise independent judgment and cannot be directed by their employer to make a specific finding. For EASA DOAs, the Design Assurance System must demonstrate that CVEs can act independently. For FAA ODAs, the procedures manual must address how the organization ensures unit member independence.
Primary Sources
Specifies independence requirements for DERs and the limits of their delegated authority.
Addresses organizational independence and conflict-of-interest provisions for ODA unit members.
EASA requirements for independence within the DOA compliance verification system.
Across Jurisdictions
DER independence is a personal obligation: the DER must not approve data they believe is non-compliant regardless of employer direction. ODA independence is an organizational obligation: the ODA holder must ensure unit members are free from undue pressure.
The DOA's Design Assurance System must include provisions ensuring CVE independence. The Head of Design Office is responsible for maintaining the integrity of the compliance verification process.
Related Terms
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