**Executive Summary**
This document proposes amendments to CAR Section-2 Series F Part VII, concerning special flight permits. It clarifies conditions for issuing these permits for aircraft with suspended or invalid Certificates of Airworthiness, and outlines the application procedure. The amendments aim to ensure safety while allowing specific flights.
**Key Points / Main Content**
* **Introduction and Scope:**
* Subrule 3 of Rule 55 of Aircraft Rules 1937 is referenced, prohibiting flight of aircraft with suspended or deemed-suspended certificates of airworthiness.
* Subrule 4 allows the Director-General to issue a special flight permit under rule 55A for such aircraft.
* The CAR lays down conditions for issuing special flight permits for aircraft with suspended or invalid C of A.
* **Definitions:**
* "Special Flight Permit" is defined as permission granted by the Director General of Civil Aviation for an aircraft that does not meet current airworthiness requirements but can undertake safe flights.
* "Special Flight Permit" also means a document issued by the Director-General to an aircraft which does not meet the conditions of airworthiness but is safe for operation subject to limitations.
* "Airworthy" is defined as the status of an aircraft, engine, propeller, or part conforming to approved design and safe operation per Director-General norms.
* **Purpose Conditions for Issuing a Special Flight Permit:**
* Defects and damages may be encountered during operation of an aircraft.
* A special flight permit may be issued by Regional/Sub-Regional Airworthiness Office when Certificate of Airworthiness has been suspended or deemed to be suspended or has become invalid.
* Permits may be granted for:
* Test flying after maintenance/modification/repair.
* Delivering an aircraft from manufacturing facilities.
* **Procedure:**
* The owner/operator must submit an application (Appendix 1) with a report assessing the defect and damage extent to the local Regional Airworthiness/Sub Regional Office where damage occurred.
* A copy of the damage report must also be sent to the Regional/ Sub-Regional office where the aircraft is based.
* The operator must substantiate aircraft safety. The application must be concurred with and signed by engineering and operations departments.
* For damage/defect outside the country, the application goes to the office where the aircraft is based.
* The application for damaged aircraft must be submitted to the local Regional Airworthiness /Sub Regional Office, accompanied with a damage report.
* **Responsibilities:**
* The operator/owner is responsible for ensuring the aircraft is capable of safe flight.
* Regional/Sub-regional Airworthiness Office may require inspection, especially if the aircraft is damaged or the airworthiness/safety is in doubt.
* In case of an aircraft possessing non-expiring C of A, the C of A will be deemed to have suspended once the ARC is not renewed.
**Impact Analysis**
**Stakeholder:** Aircraft Owners/Operators
* **Impact:** Must comply with new conditions and procedures for obtaining special flight permits for aircraft with suspended or invalid airworthiness certificates. They need to be aware of requirements for application, reporting damage, and demonstrating aircraft safety.
* **Action Required:** Review the amended regulations, update application procedures, and ensure documentation is compliant with new requirements.
**Stakeholder:** Regional/Sub-Regional Airworthiness Offices
* **Impact:** Responsible for implementing and enforcing the new amendment. May be required to conduct more frequent aircraft inspections and to review applications.
* **Action Required:** Familiarize themselves with changes, update procedures to reflect new regulations, and be prepared to handle an application under the updated process.
**Stakeholder:** Director-General of Civil Aviation
* **Impact:** Authority ultimately responsible for the safety and standards of civil aviation.
* **Action Required:** Oversee the implementation of the amendment.
Key Entities Referenced
Aircraft Rules 1937: The primary regulation governing aircraft operations mentioned throughout the document, particularly regarding airworthiness and special flight permits.
Special Flight Permit: A permission granted by the Director General of Civil Aviation to fly an aircraft that may not meet current applicable airworthiness requirements but is capable of undertaking safe flights
Director General of Civil Aviation: The primary regulator responsible for issuing special flight permits and ensuring aircraft safety.
Regional/Sub-Regional Airworthiness Office: Responsible for processing applications for special flight permits and conducting inspections, especially in cases of damage.
CAR Section-2 Series F Part VII: Specific part of the Civil Aviation Requirements (CAR) that is being amended, related to special flight permits. The document refers to other parts of CAR as well.
CAR Section-2 Series F Part VII is proposed to be amended. The propose
amendments are shown in subsequent affected paragraphs.
The text of the amendment is arranged to show deleted text, new or amended text as
shown below:
(a) Deleted text is marked with strikethrough;
(b) New or amended text is highlighted in grey;
(c) An ellipsis (…) indicates that the remaining text is unchanged in front of or
following the reflected amendment
1. Introduction
1.1 Subrule 3 of Rule 55 of Aircraft Rules 1937 states that an aircraft shall not be
flown during any period for which its certificate of airworthiness or special
certificate of Airworthiness is suspended or deemed to be suspended. Further,
subrule 4 of the said rule states that “Where the certificate of airworthiness or the
special certificate of airworthiness of an aircraft is suspended or deemed to be
suspended, the Director-General may, upon an application by the owner or
operator, issue a special flight permit under rule 55A”. rule empowers the Director
General of Civil Aviation to permit/ authorize such aircraft to be flown subject to
such requirements as may be specified, having regard to the safety of the aircraft
and persons there on.
1.2 Rule 55A of Aircraft Rules 1937 states that the Director-General may issue a
special flight permit when an aircraft is not fully in compliance with the
airworthiness requirements but is in a condition for safe operation subject to such
conditions as are specified in the special flight permit. The owner or operator of
an aircraft may apply to the Director-General for the issue of a special flight
permit in respect of the aircraft for any of the purposes as specified by the
Director-General.
1.3 This part of the CAR lays down the conditions for the issuance of a special flight
permit in respect of an aircraft under which an aircraft with a suspended or
deemed to be suspended or in valid C of A, may be permitted to undertake flight.
1.4 This CAR is issued under the provisions of Rule 133A of Aircraft Rules 1937.
2. Definitions (as per Rule 3 of the Aircraft Rules, 1937)
Special Flight permit
Special Flight Permit is a permission granted by the Director General of Civil
Aviation to fly an aircraft that may not meet current applicable airworthiness
requirements but is capable of undertaking safe flights.
51C) "Special Flight Permit" means a document issued by the Director-General
to an aircraft which does not meet the conditions of airworthiness as defined in
clause (1GA) but is in a condition for safe operation subject to limitations as may
be specified therein;(1GA) "Airworthy" means the status of an aircraft, engine, propeller or part when
it conforms to its approved design and is in a condition of safe operation in
accordance with norms specified by the Director-General.”
3. Purpose Conditions for the issuance of a special flight permit
3.1 Defects and damages may be encountered during operation of an aircraft
for……………………..
Note: Special Flight Permit is not required in case of test flight of an aircraft for the
purpose of renewal of C of A where the C of A has expired provided a certificate for
fitness of flight has been issued by qualified AMEs after appropriate maintenance checks
and tests. Such test flight may be carried out in accordance with CAR Section 2 Series T
Part II.
3.1 A special flight permit may be issued by Regional/Sub-Regional Airworthiness
Office to an aircraft when Certificate of Airworthiness has been suspended or
deemed to be suspended or has become invalid .Such aircraft may not currently
meet applicable airworthiness requirements but is capable of performing safe
flight for the following purposes:
vi) Test flying after maintenance / modification/ repair if required, in
accordance with CAR Section 2 Series F Part III Para 8.
vii) Delivering of an aircraft from manufacturing facilities as specified in CAR
Section2 Series F Part III.
4. Procedure
4.1 The owner/ operator seeking a special flight permit shall submit an application
as per Appendix I, together with a report covering assessment of defect and
extent of damage sustained, if any to the local Regional Airworthiness /Sub
Regional Office under whose jurisdiction the aircraft has sustained damage. The
operator shall also forward a copy of damage report for information to the
Regional/ Sub-Regional office where the aircraft is based. The operator should
substantiate how the aircraft can be flown safely and the steps taken for safe
flight. The application shall be concurred and signed by the engineering and
operations departments of the operator signifying that the proposed operation is
safe from engineering and operational aspects. In case the aircraft sustains
damage/defect outside the country, application for special flight permit shall be
submitted to the office where the aircraft is based.
4.1.1 For a damaged aircraft:
a) the application shall be submitted to the local Regional Airworthiness /Sub
Regional Office under whose jurisdiction the aircraft has sustained damage
and will be accompanied with a report covering assessment of defect and
extent of damage sustained. A copy of the report shall also be forwarded to
the Regional/ Sub-Regional office where the aircraft is based.b) In case the aircraft sustains damage/defect outside the country, application
for special flight permit shall be submitted to the office where the aircraft is
based.
4.3. It is the responsibility of the operator / owner to ensure that the aircraft is capable
of performing safe flight for the intended purpose. However, Regional/ Sub
regional Airworthiness Office may require the applicant to make the aircraft
available for inspection especially when the aircraft is damaged or the
airworthiness/safety of aircraft is in doubt or C of A of the aircraft is expired.
Note: In case of an aircraft possessing non-expiring C of A, the C of A will be
deemed to have suspended once the ARC is not renewed.