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Any aircraft that does not hold a valid CoA or R-CoA, but are capable of safe flight under defined conditions and for the following purposes may be eligible for an EASA Permit to Fly:
1. development;
2. showing compliance with regulations or certification specifications;
3. design organisations or production organisations crew training;
4. production flight testing of new production aircraft;
5. flying aircraft under production between production facilities;
6. flying the aircraft for customer acceptance;
7. delivering or exporting the aircraft;
8. flying the aircraft for Authority acceptance;
9. market survey, including customer’s crew training;
10. exhibition and air show;
11. flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage;
12. flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;
13. record breaking, air racing or similar competition;
14. flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found;
15. for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate.
Only those purposes where design elements are involved require EASA to approve the Flight Conditions, except where DOA privileges exist.
Note that aircraft qualifying for Permits to Fly do not necessarily comply with the Essential Requirements set out in Regulation (EC) No 216/2008, Article 5, and referred to in Annex 1 to that Regulation.
The Permit to Fly can be used for LSA-type aircraft prior to the introduction of legislation under MDM.032 if they comply with the conditions of 21A.701(15). When the revisions to the legislation are in place, the use of 21A.701(15) will no longer be appropriate (hyperlink to LSA).
View the Regulations that applyApplication for an EASA Permit to Fly is made in two parts:
Approval of Flight Conditions
Flight Conditions consist of:
(a) the configuration(s) for which the permit to fly is requested;
(b) any condition or restriction necessary for safe operation of the aircraft, including:
1. the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);
2. the conditions and restrictions put on the flight crew to fly the aircraft;
3. the restrictions regarding carriage of persons other than flight crew;
4. the operating limitations, specific procedures or technical conditions to be met;
5. the specific flight test programme (if applicable);
6. the specific continuing airworthiness arrangements including maintenance instructions and regime under which they will be performed;
(c) the substantiation that the aircraft is capable of safe flight under the conditions or restrictions of subparagraph (b);
(d) the method used for the control of the aircraft configuration, in order to remain within the established conditions.
These can be as simple as applying additional limitations for a specific purpose for a limited duration or be as comprehensive as a full description of the individual aircraft, including its modification state, limitations, flight manuals and maintenance instructions.
The former would apply to a fully certificated aircraft whose certificate of airworthiness is invalidated because it is fitted with a modification that has not yet been approved. Limitations may include:
Day VFR for an aircraft normally approved for Night IFR
No flight over built-up areas
Crew limitations
Operating altitude or airspeed limitations
Prohibition from using cabin pressurization
etc
The latter would apply to an aircraft that has not been otherwise certificated, an example being the Sukhoi Su-26. These may be different for each serial number.
The validity of the approved Flight Conditions will normally be limited. The maximum validity is 12 months.
An aircraft becomes orphan when:
Under the current Part 21, orphan aircraft cannot be issued a Certificate of Airworthiness, which requires that a TC holder takes responsibility for the continued oversight of the design. They can therefore only continue to be operated if they hold a restricted certificate of airworthiness or a permit to fly. These documents can only be issued on the basis of a design approved by the Agency.
Commission Regulation (EC) 1702/2003 requires products, parts and appliances to be issued with certificates as specified in Part 21. Aircraft without a valid type certificate holder cannot comply with Subpart B of Part 21 and cannot therefore hold type certificates. The Specific Airworthiness Specification (SAS) is the replacement document. Specific Airworthiness
Specifications are issued to aircraft without a valid Type Certificate Holder (‘Orphan’ aircraft) or for certain aircraft General Aviation types from CIS that have been certificated in CIS but not validated by EASA.
The eligibility of the proposed product should first be reviewed. Annex II aircraft, for example, cannot qualify for SAS as they are outside of the remit of the Agency. If a Type Certificate Holder (TCH) still exists, the preferred path to certification of the product is through a Type Certification or Type Validation. If the current Certification Specifications cannot be met, the option of a Restricted Type Certificate can be offered.
If the aircraft Type Certificate Holder is no longer in business (“orphan TC”) or does not wish to apply for Type/ Restricted-Type Certification, the application for SAS can be initiated by an operator/owner. It should be emphasised that the SAS should not be seen as a mechanism for avoiding type certification in accordance with Part 21. For General Aviation types the SAS has been used to ‘legalise’ aircraft that had not been certificated in accordance with Part 21 but which were already on the registers of EU member states on accession to the EU. Whilst it legalises these aircraft, it is not intended to be used to allow the import of additional aircraft of the same type which should be certificated in the normal way.
The loss of an engine or propeller TC holder does not automatically invalidate the aircraft TC, so an orphan engine does not have to result in an orphan aircraft if the aircraft TC holder is prepared to accept the continued airworthiness responsibility of the engine. SASs do not apply to engines or propellers.
Before the creation of EASA, some orphan aircraft have been allowed to operate on non-ICAO level certificates of airworthiness (Permit to Fly, CDNR, etc) and cannot usually be returned to Restricted Certificate of Airworthiness standard. These examples are listed by serial number on the SAS and continue to qualify for EASA Permit to Fly under 21A.701(15). There is no intention to permit aircraft to otherwise voluntarily default to Permit to Fly if they otherwise conform to the SAS.
Aircraft conforming to the appropriate SAS are eligible for the issue of a Restricted Certificate of Airworthiness.
The SAS consists of:
The original State of design TCDS in EASA format
Airworthiness Directives
Instructions for reporting continued airworthiness occurrences
Any additional limitations including a prohibition from commercial activities
SASs can be found at
http://www.easa.europa.eu/ws_prod/c/c_sas_main.php
See Regulation (EC) No 216/2008 Article 5 (4) and Regulation (EC) 1702/2003 Part 21, 21A.184
The EASA aircraft lists are at http://www.easa.europa.eu/ws_prod/c/c_da_main.php.
These lists specify whether the aircraft has a TC or SAS. This only applies for aircraft (including rotorcraft and lighter-than-air) but not to propulsion. If an engine or propeller becomes an orphan, there is no SAS.
The EASA aircraft lists are at
http://www.easa.europa.eu/ws_prod/c/c_da_main.php and there are separate links for EU and non-EU products.
The Annex II list is at
http://www.easa.europa.eu/ws_prod/c/doc/ptf/annex_II_01_Jan_2010.pdf
Annex II types are, by definition, not EASA aircraft and are therefore handled under national rules.
There is no automatic acceptance of Form 337 approvals by EASA, except under certain limited conditions. They need to be assessed individually and may need to be separately approved, normally by application for a minor change or by an approved organization under their DOA.
In general, an STC can apply to only one Type Certificate. Certain exceptions can be made where the installation of a piece of simple equipment is clearly identical from one aircraft type to another, but EASA procedures state that an STC should apply to one TC only. Each new TC should be the subject of a new application.
This principle also applies to the validation of FAA STCs.
These questions are all answered by reference to the table attached here
Any change that has an “appreciable effect” on the noise characteristics of an aircraft is referred to as an “acoustical change”, and by definition is considered to be a major change. An “acoustical change” is defined as a change that increases the noise certification level by more than 0.1 dBA.
A light propeller driven aircraft’s certificated noise level is dependant on two factors, the aircraft’s noise at source and the aircraft’s take-off performance as defined the AFM. An adverse change to either could lead to a finding of an “acoustical change”.
Factors that might adversely affect an aircraft’s noise at source
The two principle sources of noise are the propeller and the engine.
Propeller noise is highly dependent on the propeller helical tip Mach number. Other factors that influence propeller noise include the number of blades, blade tip shape, blade thickness and the inflow angle of air flowing into the propeller. Any change that could affect any of these factors is potentially an acoustical change.
Such changes would include:
Engine noise is directly related to engine power. Many engines are fitted with noise suppression devices. Any change that increases engine power or modifies in any way the engine exhaust or the performance of the mufflers, if fitted, is potentially an acoustical change and should be referred to C.1.6.
Factors that might adversely affect an aircraft’s take-off performance
The noise certification reference take-off procedures are defined in terms of the approved take-off distance (D15), rate of climb (ROC) and best rate of climb speed (Vy). Any change that causes an increase in D15, a decrease in ROC or a change in Vy will potentially mean the aircraft is lower when it overflies the microphone and therefore noisier.
Such changes would include:
Other factors to be taken into account
Aerodynamic noise, although potentially a significant source of noise for large aircraft, is not generally a significant source for light propeller driven aircraft. Modifications such as the fitting of vortex generators, drooped leading edges or gloves, and extensions or re-profiling of the wing tips would not themselves be considered to be acoustical changes.
However such modifications are often associated with an increase in take-off weight and may therefore be considered as “acoustical changes”. A modification to an aircraft that involves the removal of such devices might also be considered to be an “acoustical change” since their removal may lead to a deterioration in the aircraft’s performance.
In addition such changes may affect the aircraft incidence during climb-out and potentially change the propeller inflow angle which might itself constitute an “acoustical change”.
If the aircraft comes within the definition of Annex II to regulation 216/2008, it is not an EASA type and is handled under national rules. If it does not fit into this definition it is an EASA type and is covered under the procedures below.
Permit to Fly principles:
Alternative (Restricted) Type Certification
As there are still some open issues left e.g. for issue of CofA for such PtF aircraft an alternative way should be mentioned. Without ELA processes there is already the possibility to get a certification for products not fully conforming to CS-VLA and Part 21.
EASA Definition Light Sport Aeroplane
Light Sport Aeroplane complies with the following criteria:
(i) A Maximum Take-Off Mass of not more than 600 kg
(ii) A maximum stalling speed in the landing configuration (VS0) of not more than 45 knots CAS at the aircraft’s maximum certificated Take-Off Mass and most critical centre of gravity.
(iii) A maximum seating capacity of no more than two persons, including the pilot.
(iv) A single, non-turbine engine fitted with a propeller.
(v) A non-pressurised cabin
These specifications apply to aeroplanes intended for “non-aerobatic” and for “VFR day” operation only.
The airworthiness code is ASTM International standard F2245.
The Multi-Disciplinary Measure (MDM) group MDM.032 is working on proposals to reduce the regulatory burden on these recreational aircraft. These changes to the regulations, when in place, will replace the interim measures set out above.
Russian general aviation types are:
Sukhoi Su-26
Sukhoi Su-29
Sukhoi Su-31
Yakovlev Yak-18T
Yakovlev Yak-54
Yakovlev Yak-55
Of these the Su-26, Yak-54 and 55 are not certificated and can qualify for EASA Permits to Fly under 21A.701(15). The Flight Conditions can be similar to the Airworthiness Approval Notes issued by CAA-UK. Examples can be provided from EASA.
The other types have been certificated by CIS and qualify for SAS and Restricted Certificates of Airworthiness. The SASs can be found at:
This guidance applies to ETSO’d Garmin, Aspen, Avidyne, Honeywell, IS&S and other similar primary flight instruments that are replacing conventional electro-mechanical instrumentation. This guidance clarifies general aspects and applicability of software-related Certification Memos as part of an STC or major change application where highly-integrated electronic primary flight displays are installed on CS-23 aircraft.
Installations of ETSO’ed High Integrated Primary Electronic Flight Displays on Board CS-23 Aircraft
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