Permit to Fly: the new rules Peter Corbeel Initial Airworthiness Manager 16-03-07 Cologne

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 Rules and AMC/GM for approved organisations EASA procedures 16-03-07 Cologne

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 ! 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

Current rules (contd.) Restricted C of A Other requirements same as for normal C of A (maintenance, spare parts, etc) 16-03-07 Cologne

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 16-03-07 Cologne

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) 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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) 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne

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 16-03-07 Cologne