AircraftOwner Online

Over the last few months, the FAA, especially in the Southwest United States, has been cracking down on what they consider to be the flying of un-airworthy aircraft. This appears to have become a “special emphasis area” for the local FSDOs. In order to avoid falling into this trap, you should remember what I wrote a few months back: the FAA considers ANY deviation from the original type certificate which is not covered by a 337 or an STC, to mean that an aircraft is not airworthy and cannot be flown until it is either brought into compliance with appropriate documentation that the modifications to the aircraft have been inspected and approved by the FAA, or are being flown in a known un-airworthy condition under the FAA-issued provisions of a “Special Airworthiness Certificate”, more commonly known as a “Ferry Permit”.

    There seems to be a feeling among many pilots that Ferry Permits are hard to get. That is generally not true. In some cases, it can be as simple as faxing an application for a Special Airworthiness Certificate to the local FSDO, calling one of the inspectors, and getting a signed-off ferry permit by return fax. Of course, if your airplane has a problem that can’t be fixed on-site on an evening or a weekend, you may be stuck for a while (flying at night with an airplane that isn’t up-to-snuff isn’t a real good idea anyway).

    There are also times when the FAA Inspector will require a physical inspection of the aircraft before determining whether to issue the ferry permit at all, or under what conditions the permit will be issued. Sometimes, the FAA will even require the manufacturer or an engineer, or both, to provide data which shows that the aircraft will be safe to fly for the ferry flight. For example, if a fuel truck backs into the leading edge of a wing, the FAA may require a detailed inspection of the area of the “crunch” to make sure that the wing still has reasonable aerodynamic properties and structural properties, that it won’t leak fuel, that electrical wiring may not have been dislodged, etc. If a local A&P can’t render a competent opinion on these issues, the Inspector may call in the big guns. This can result in some expense and in some “downtime” for aircraft and crew; but, especially if YOU are the guy (or gal) that is going to be strapping that aircraft on for the flight to the eventual repair facility, you will appreciate the extra piece of mind that the review will give you.

    On the other hand, if you have a broken piece in a gear retraction mechanism, and you plan simply to fly the aircraft with the broken part removed or taped out of the way and the gear down, the FAA Inspector may not even need to see the aircraft. Similarly, if you buy an aircraft that has been out of annual for a few months, but checks out fine, the Inspector may just issue you the paperwork and let you be on your merry way to your home mechanic who will perform the new annual inspection.

     In general, the FAA treats ferry flights very conservatively. They are usually required to be conducted under day, VFR conditions only; with only minimum required crew aboard; only to a designated airport; and with such other safety provisions as may make sense under the circumstances.

     Some quick cautionary notes, however: If you go to the trouble to get the ferry permit, make sure that you read and understand it. Fly ONLY to the destination listed on the ferry permit. Do not deviate from the restrictions listed on the certificate. Make sure that you have the certificate on board when the aircraft is being operated. If you are going to leave the aircraft somewhere for repairs, remove the Standard Airworthiness Certificate from the aircraft and give it to the aircraft owner for safekeeping. Place the Ferry Permit in plain sight so that any other pilot that is asked to fly the aircraft is aware that flight is subject to specific limitations. Once the aircraft has been brought back into conformity with its type certificate, place the Airworthiness Certificate back in the aircraft. I have had too many cases of pilots who have been asked to fly an aircraft that they didn’t know was operating on a ferry permit and was otherwise un-airworthy.

~ Charles Morgenstein ~