FAQ n.20133

Are the European operational rules applicable to an aircraft flying under a permit to fly?

Answer

European operational rules in general also apply to aircraft flying under a permit to fly but they do not apply to flights related to the introduction or modification of aircraft types conducted by design organisations (Comm. Reg. (EU) No 965/2012, Article 6(3)).

Generally, flights related to the introduction or modification of aircraft types conducted by design organisations are performed under a Permit to Fly issued for the following purposes:

  • Development (21.A.701(a)1)
  • Showing compliance with regulations or certification specifications (21.A.701(a)2)
  • Design organisations or production organisations crew training (21.A.701(a)3)
  • Market survey, incl. customer’s crew training (21.A.701(a)9)
  • Exhibition and air show (21.A.701(a)10)
  • Flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found (21.A.701(a)14)

Also some flights performed under a Permit to Fly issued for the purpose of 21.A.701(a)11  (Flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage) could fulfil the description of Article 6(3) of 965/2012, but this must be validated on a case-by-case basis.

Such flights shall be operated considering national rules, regardless of whether they are conducted by Design Organisations, a sub-contracted organisation or an individual.

In case the operational rules are not self-evident, the flight conditions should explicitly identify the applicable OPS rules and conditions.

Last updated: 
23/11/2015

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