AMC 21.A.263(c)(6) Procedure for the approval of the conditions for issuing a permit to fly    

CAA ORS9 Decision No. 40

1. INTENT

This AMC provides 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 aircraft category.

Each DOA applicant or holder should develop its own internal procedure following this AMC in order to obtain the privilege to make this determination and approve associated conditions without the CAA’s involvement, under 21.A.263(c)(6). When the privilege does not apply, 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 the CAA’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 on the aircraft, for which a permit to fly is requested. These conditions (i.e. installation, operating, 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. In this context, the organisation responsible for the design of the engine/propeller acts as a supplier of 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 the ultimate responsibility of the organisation responsible for the design of the aircraft.

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

2.1 Content

The procedure must address the following points:

    — decision to use the privilege

    — management of the aircraft configuration

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

    — documentation of flight conditions substantiations

    — approval under the DOA privilege, when applicable

    — authorised signatories.

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

The procedure must include a decision to determine:

    — flights for which the privilege of 21.A.263(c)(6) will be exercised.

2.3 Management of the aircraft configuration The procedure must indicate:

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

    — how changes to the aircraft will be managed.

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

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

    — identification of deviations from applicable certification specifications or non- compliance with Part 21 conditions for the issue of a certificate of airworthiness;

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

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

    — 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;

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

    — 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 perform safely a flight, must be compiled in compliance documents. These documents must be signed by the author and by the person performing the independent technical verification.

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

3. The data submitted and approved by the type-certificate 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 must include the following the CAA Form 18A to support the approval under the DOA privilege:

CAA Form 18A
FLIGHT CONDITIONS FOR A PERMIT TO FLY – APPROVAL FORM

1. Applicant:

Approval No:

[Name and organisation approval number of organisation providing the flight conditions and associated substantiations]

2. Approval form No:

Issue:

[Number and issue, for traceability purpose]
3. Aircraft manufacturer/type 4. Serial number(s)
   

5. Purpose

[Purpose in accordance with 21.A.701(a)]

6. Aircraft configuration

The above aircraft for which a permit to fly is requested is defined in [add reference to the document(s) identifying the detailed configuration of the aircraft]

[For change(s) affecting the initial approval form: description of change(s). This form must be re-issued]

7. Substantiations

[References to the document(s) justifying that the aircraft (as described in 6.) can perform the intended flight(s) safely under the defined conditions or restrictions.]

[For change(s) affecting the initial approval form: reference(s) to additional substantiation(s). This form must

be re-issued]

8. Conditions/Restrictions

The above aircraft must be used with the following conditions or restrictions:

[Details of these conditions/restrictions, or reference to relevant document, including specific maintenance

instructions and conditions to perform these instructions]

9. Statement

The determination of the flight conditions has been made in accordance with the relevant DOA procedure agreed by the CAA.

The aircraft as defined in block 6 above has no features and characteristics making it unsafe for the intended

operation under the identified conditions and restrictions.

[strikethrough what is not applicable]

10a. Approved under the authority of DOA UK.21J.xyz [when privilege of 21.A.263(c)(6) applies]

10b. Submitted under the authority of DOA UK.21J. xyz [when privilege of 21.A.263(c)(6) does not apply]
11. Date of issue

12. Name and signature

[Authorised signatory]

13. CAA approval and date

[when privilege of 21.A.263(c)(6) does not apply]

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

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 must specify how changes will be approved by the DOA Holder. The CAA Form 18A must be updated.

2.7 Authorised signatories

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