AMC1 21.A.263(c)(6) Privileges

PROCEDURE FOR THE APPROVAL OF THE CONDITIONS FOR THE ISSUE OF A PERMIT TO FLY (PtF)

1.       INTENT

—    This AMC provides the means to develop a procedure to determine that an aircraft can fly, under the appropriate restrictions compensating for non-compliance with the certification specifications applicable to the specific aircraft category.

—    Each DOA applicant or DOA holder should develop its own internal procedure following this AMC, in order to obtain the privilege to make this determination and approve the associated conditions without EASA’s involvement, under point 21.A.263(c)(6). When the privilege does not apply, the DOA applicant or the DOA holder will prepare all the necessary data required for the determination in accordance with the same procedure required for the privilege, and will apply for EASA’s approval.

—    The establishment of flight conditions may include conditions related to engines/propellers without a type certificate or with unapproved changes that are fitted to the aircraft, for which a permit to fly (PtF) is requested. These conditions (i.e. the installation, operating limitations, maintenance conditions or limitations) should be defined by the organisation responsible for the design of the engine/propeller and provided to the organisation responsible for the design of the aircraft.

—    These conditions should be established and substantiated under an arrangement between the organisation responsible for the design of the aircraft and the organisation responsible for the design of the engine/propeller. However, the establishment and substantiation of the flight conditions for the aircraft, including its engine(s), is ultimately the responsibility of the organisation responsible for the design of the aircraft.

2.       PROCEDURE FOR THE APPROVAL OF THE CONDITIONS FOR THE ISSUE OF A PERMIT TO FLY (PtF)

2.1     Content

The procedure should address the following points:

—    the decision to exercise the privilege;

—    management of the aircraft configuration;

—    determination of the conditions that should be complied with to safely perform a flight;

—    documentation of substantiations of flight conditions;

—    approval under the DOA privilege, when applicable; and

—    the authorised signatories.

2.2     Decision to exercise the privilege of point 21.A.263(c)(6)

The procedure should include a decision to determine the flights for which the privilege of point 21.A.263(c)(6) will be exercised.

2.3     Management of the aircraft configuration

The procedure should indicate:

—    how the aircraft, for which an application for a permit to fly is made, is identified; and

—    how changes to the aircraft will be managed.

2.4     Determination of the conditions that should be complied with to safely perform a flight

The procedure should describe the process used by the DOA holder to justify that the aircraft can perform the intended flight(s) safely. This process should include:

—    with reference to point 21.A.701(a), identification of the applicable airworthiness requirements which the aircraft does not meet, or has not been shown to meet, if applicable, and of the purpose of the flight(s); for flight conditions raised to cover unapproved changes, the identification of the applicable airworthiness requirements which the aircraft does not meet, or has not been shown to meet, can be fulfilled by referring to the certification programme of the unapproved changes;

—    the analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can safely perform a flight (the flights);

—    the establishment of specific maintenance instructions and conditions to perform these instructions;

—    an independent technical verification of the analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform the intended flight(s) safely;

—    a statement by the office of airworthiness (or equivalent), that the determination has been made in accordance with the related procedure and that the aircraft has no features and characteristics that render it unsafe for the intended operation(s) under the identified conditions and restrictions; and

—    approval by an authorised signatory.

2.5     Documentation of flight conditions substantiations

1.       The analysis, calculations, tests, or other means used to determine under which conditions or restrictions the aircraft can safely perform a flight (or the flights) should be compiled in compliance documents. These documents should be signed by the author and by the person performing the independent technical verification.

2.       Each compliance document should have a number and an issue date. The various issues of a document should be controlled.

3.       The data submitted and approved by the TC holder can be used as substantiations. In that case, the independent technical verification referred to in 2.4 is not required.

2.6     Approval under the DOA privilege

2.6.1  Initial approval

The procedure should include the following EASA Form 18A (as an alternative, the DOA holder should provide an equivalent template containing the same level of information) to support the approval under the DOA privilege:

EASA Form 18A — Issue 4

When the privilege of point 21.A.263(c)(6) is not applicable, the signed form should be presented by the office of airworthiness (or equivalent) to EASA.

2.6.2  Approval of changes

Except for changes that do not affect the conditions approved for the issue of the permit to fly, the procedure should specify how changes will be approved by the DOA holder. The EASA Form 18A should be updated.

2.7     Authorised signatories

The person(s) authorised to sign the approval form should be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the DOA handbook.