Permit to Fly: the new rules

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

2. 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 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 28-3-07 Cologne

8. 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) Cologne

9. 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 Cologne

10. 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 Cologne

11. 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 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 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) 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