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Permit to Fly: the new rules. Peter Corbeel Initial Airworthiness Manager. Permit to Fly: the new rules. NAA information meeting 16-03-07 Agenda Welcome Current rules New rule development Some major principles of the new rules Detailed review of rules + AMC/GM

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permit to fly the new rules

Permit to Fly: the new rules

Peter Corbeel

Initial Airworthiness Manager


permit to fly the new rules1
Permit to Fly: the new rules

NAA information meeting 16-03-07


  • 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



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 !


current rules
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


current rules contd
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


current rules contd1
Current rules (contd.)

Restricted C of A

  • Other requirements same as for normal C of A

(maintenance, spare parts, etc)


current rules contd2
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 28-3-07


new rule development
New rule development
  • Draft TOR + invitation for nominations published 13-12-05
  • Drafting group created 17-01-06:
    • AECMA
    • Europe Air Sports (2)
    • International Air Carrier Association
    • CAA-UK
    • DGAC-F
    • Austro Control
    • EASA (2)


new rule development1
New rule development
  • Group started 02-02-06
  • 5 meetings until 16-04-06
  • NPA published 05-07-06
  • 235 comments received by 05-10-06
  • Review group created: drafting group + ENAC Italy + EASA Standardisation
  • Review group started 10-10-06
  • 2 meetings until 10-11-06
  • CRD + draft rule published 11-12-06


new rule development ctd
New rule development (Ctd)
  • 10 reactions on CRD received by 22-01-07
  • Agency Opinion published 11-02-07
  • EASA Committee meeting 06-03-07
  • Committee members can oppose until 21-03-07
  • European Commission adoption and publication 28-3-07 ???
  • Agency Decision AMC/GM to Part to be published on the same date


new rule development ctd1
New rule development (Ctd)

What if new rule is published after 28-03-07?

  • 21A.185 is fully applicable
  • All players are invited to use new procedures (forms etc.) as if new rule is in place


permit to fly the new rules2
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


different types of ptf all in one rule
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


shared responsibility agency naa
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


ptf grandfathering
PtF Grandfathering


  • 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)


ptf applicability
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


ptf validity
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


doa poa privileges
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


maintenance rules for ptf
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


separate subpart p
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