Permit to Fly

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Permit to Fly
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Permit to Fly

• Some major principles of the new rules
• Frequently asked questions
• Discussion / Questions

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Old rules

• Permit to Fly Until 28 March 2007
• 21A.174(d) Application
• 21A.185 Issue of permits to fly
• NAA issue PtF after
• Agency found that aircraft can perform safe
  flight (with restrictions)
• But 1702/2003 article 2.11 NAA makes findings
  until 28-3-07

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Permit to Fly

• Some important principles
• Different types of PtF all covered by one rule
• shared responsibility Agency NAA
• Old national PtF grandfathered
• Applicable to EU registered aircraft
• Valid in all member states
• Privileges for DOA and POA
• Maintenance rules in flight conditions
• Separate Subpart P Permit to Fly

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Different types of PtF all in one rule

• Complicating factor for drafting
• Existing (R) C of A temporarily invalid
• unapproved change
• Unrepaired damage
• (long) due maintenance
• Pre C of A
• TC not yet issued
• (Production) Flight testing
• C of A or Restricted C of A not appropriate or
  not possible
• Air racing / record breaking
• Some orphan aircraft

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Shared responsibility Agency-NAA

• Complicating factor for drafting
• shared responsibility Agency NAA
• Agency
• All design issues
• NAA
• Conformity (production)
• C of A issuance and oversight
• Permit to Fly issuance
• Implementation of maintenance rules
• Permit to Fly often deviation from approved
  design Agency involvement

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PtF Grandfathering

• Principle
• All PtF or other certificate grandfathered until
  first expiry date or 28-3-08 maximum
• For permanent PtF flight conditions are
  grandfathered indefinitely (until need for
  change),unless Agency determines insufficient
  level of safety
• (Reg 1702/2003 art. 2.e)

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PtF applicability

• PtF rules applicable only to
• aircraft registered in EU or
• Unregistered when identification marking
  prescribed by MS
• (Reg 1702/2003 art. 2.2)
• Result PtF rules do not cover validation of
  foreign PtF use national rules
• Under new BR need to develop IR for this

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PtF validity

• PtF issued in accordance with new rules are valid
  in all Member States
• No additional national conditions / limitations
• Holder must comply with other local operational
  rules outside scope of PtF
• National rules should not obstruct free
  circulation

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DOA/POA privileges

• DOA (possible) privileges
• Approve flight conditions for all PtF except
  21A.701(a)(15)
• Issue PtF when configuration controlled by DOA
• POA (possible) privileges
• Approve flight conditions and issue PtF for
  aircraft it produced when design is approved
• In previous draft privilege for CAMO this is
  subject of Opinion 4/2007

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Maintenance rules for PtF

• According to 2042/2003 art. 3.3 aircraft under
  PtF are exempted from Part M
• In stead maintenance rules are defined in the
  flight conditions
• In most cases they can refer to Part M

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Separate Subpart P

• Initial drafts were amendments to Subpart H
  (airworthiness certificates)
• Due to complexity decided to create new subpart
• As a consequence all references to PtF are
  deleted from subpart H

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FAQ

• Q Must a PtF be applied for when one of the
  purposes mentioned in 21A.701 is applicable?
• A No, only when the (R-) CoA is invalid or not
  yet issued

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FAQ

• Q Can an aircraft on a PtF do commercial
  operations
• Under EU-OPS it is impossible (without
  exemption)For the future IR-OPS it is not
  excluded by definition but in practice most PtF
  will have the limitation that no passengers may
  be carried

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FAQ

• Q where is the PtF valid
• A the PtF is valid in all EU within the
  limitations on the PtF. Outside EU there is a
  need to ask for validation of the PtF by the
  countries overflown

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FAQ

• Q Does EASA have 24/7 service for approval of
  flight conditions?
• A No, however NAAs have the Agency emergency
  phone number.NAAs can always use article 14.4
  for urgent operational needs

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FAQ

• Q Who is the holder of the PtF
• A The applicant will become the holder when the
  PtF is issued
• E.g. If a modifier uses the aircraft of an
  operator to demonstrate compliance this modifier
  is expected to apply for the necessary PtF and
  will also be the holder

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FAQ

• Q can a PtF be applied for using approved flight
  conditions which were not applied for by the same
  applicant?
• A Yes, the applicant for PtF and applicant for
  approval of flight conditions do not necessarily
  have to be the same person

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FAQ

• Q can the DOA privilege be used for aircraft
  that are not under the control of the DOA?
• A Yes, the privilege to approve flight
  conditions can be used for any aircraft as long
  as it is within the scope of the approvalThe
  privilege to issue PtF is limited to aircraft
  under the control of the DOA

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FAQ

• Q if the approval of flight conditions contains
  design and not-design related issues, who should
  the approve the flight conditions?
• A An interpretation could be that you would need
  approval by the Agency of the design related and
  by the NAA of the non-design related however to
  avoid undue burden the Agency will accept to
  approve both as one package

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• END