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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