1. Permit to Fly: the new rules
Peter Corbeel
Initial Airworthiness Manager
Cologne

2. Permit to Fly: the new rules
NAA information meeting
Agenda
Welcome
Current rules
New rule development
Some major principles of the new rules
Detailed review of rules + AMC/GM
Rules and AMC/GM for approved organisations
EASA procedures
Cologne

3. Welcome
We know that:
Rule change is very close to date of implementation
Text might not be perfect
But please note we:
have tried to alleviate burden on all
have to respect legal constraints
Intend to improve when scope of EASA is extended
Let’s all do our best to achieve smoothest implementation !
Cologne

4. Current rules Airworthiness Certificates
EASA has only three airworthiness certificates:
(normal) Certificate of Airworthiness
only if normal C of A is not appropriate / not possible:
Restricted Certificate of Airworthiness
Permit to Fly
Cologne

5. Current rules (contd.) Restricted C of A
Normal case: based on a Restricted TC: (normal) TC is not appropriate (deviate from CS)
agricultural,;
fire prevention and suppression;
aerial surveying,;
patrolling;
weather control,;
aerial advertising,;
wildlife conservation; and
other special purpose agreed by the Agency.
Exception: Not based on Restricted TC
Cologne

6. Current rules (contd.) Restricted C of A
Other requirements same as for normal C of A
(maintenance, spare parts, etc)
Cologne

7. Current rules (contd.) 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
Cologne

8. New rule development
Draft TOR + invitation for nominations published
Drafting group created :
AECMA
Europe Air Sports (2)
International Air Carrier Association
CAA-UK
DGAC-F
Austro Control
EASA (2)
Cologne

9. New rule development Group started 02-02-06 5 meetings until 16-04-06
NPA published
235 comments received by
Review group created: drafting group + ENAC Italy + EASA Standardisation
Review group started
2 meetings until
CRD + draft rule published
Cologne

10. New rule development (Ctd)
10 reactions on CRD received by
Agency Opinion published
EASA Committee meeting
Committee members can oppose until
European Commission adoption and publication ???
Agency Decision AMC/GM to Part to be published on the same date
Cologne

11. New rule development (Ctd)
What if new rule is published after ?
21A.185 is fully applicable
All players are invited to use new procedures (forms etc.) as if new rule is in place
Cologne

12. Permit to Fly: the new rules
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
Cologne

13. 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
Cologne

14. 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
Cologne

15. PtF Grandfathering Principle:
All PtF or other certificate grandfathered until first expiry date or 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)
Cologne

16. 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: new rules do not cover validation of foreign PtF
Cologne

17. PtF validity
PtF issued in accordance with new rules are valid in all Member States:
No additional national conditions/limitations for domains covered by the approved flight conditions
Holder must comply with other local operational rules outside scope of PtF
National rules should not obstruct free circulation
Cologne

18. 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 will be subject of new NPA
Cologne

19. 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
Cologne

20. 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
Cologne