Subpart P - Issue and renewal of Permits to Fly and Special Flight Permits

21.701 Purpose

This Subpart details the requirements for the issue and renewal of a Permit to Fly and Special Flight Permits.

21.703  Applicability

Subject to paragraph 21.705, Permits may be issued in the following circumstances:

(a) a Permit to Fly, to the owner or operator of any aircraft registered in the Territory, of less than 800 kg MTOM:

(1) that does not qualify for the issue of a Certificate of Airworthiness as specified in Subpart E of this OTAR Part; and

(2) where the aircraft or aircraft design has been previously certified for flight by an NAA identified in paragraph 21.25(a)(1); or

(b) a Special Flight Permit, to the owner or operator of any aircraft whose Certificate of Airworthiness or Permit to Fly is not issued or in force due to temporary non-compliance with airworthiness design or continuing airworthiness or maintenance requirements.

21.705  Issue of Permit to Fly or Special Flight Permit

(a) In respect of paragraph 21.703(a), a Permit to Fly may be granted for the purpose of flying the aircraft within the Territory of Registry subject to the Governor being satisfied following an application being made containing:

(1) a description of the aircraft with copies of previous certifications granted; and

(2) details of the maintenance arrangements proposed; and

(3) details of the experience and qualifications of a person to issue a maintenance release and permit flight release certificate.

(b) In respect of paragraph 21.703(b), a Special Permit to Fly may be granted to the operator or owner of any aircraft, provided that:

(1) for an aircraft registered in the Territory, the operator or owner provides sufficient technical justification via the services of an appropriately approved OTAR Part 39 organisation or person authorised by the Governor, for the intended flight or journey; and

(2) for an aircraft not registered in the Territory, the operator or owner provides sufficient technical justification via a special permit to fly or equivalent document issued under the control of the aircraft’s State of Registry airworthiness authority; and

(3) appropriate limitations are prescribed to minimize hazards to persons or property and the flight conducted so as to avoid areas where flights might create hazardous exposure.

(c) In respect of an aircraft described in paragraph 21.703(b), a Special Flight Permit may also be issued for a period required for a flight test programme, provided that the flight(s) are conducted under the control of an organisation appropriately approved to undertake flight testing for the particular modification and to a flight test programme approved by a body identified in paragraph 21.25(a).

21.707  Duration of Permit to Fly and Special Flight Permit

(a) A Permit to Fly issued according to paragraph 21.703(a) shall be valid for a period specified by the Governor not exceeding 12 months.

(b) A Special Flight Permit issued according to paragraph 21.703(b) shall be valid for the minimum period required to undertake the intended journey(s).

(c) A Special Flight Permit issued according to paragraph 21.705(c) shall be valid for a period not exceeding that specified on it but it shall cease to be valid on completion of the flight test programme that is under the control of the organisation identified in 21.705(c).

21.709  Renewal of Permit to Fly and Special Flight Permit

A Permit may be renewed subject to the Governor remaining satisfied by investigation that the aircraft continues to meet the requirements for issue.

21.711  Conditions of Permit to Fly and Special Flight Permit

The conditions specified by the Governor on a Permit shall be complied with.

21.713   Maintenance arrangements

Appropriate maintenance arrangements shall be in place to the satisfaction of the Governor. The requirements of OTAR Part 145 for maintenance organisations and OTAR Part 43 Subpart D for authorised persons shall be satisfied as appropriate.

21.715   Flight release certificates

When specified as a condition on the Permit to Fly or Special Flight Permit, the issue of a Permit Flight Release Certificate shall be certified by a person or organisation authorised by the Governor to do so.

21.717   Airworthiness Review Report

An Aircraft Airworthiness Review Report, as described in paragraph 21.175(b), may be required to support the application for a Permit to Fly if the Governor considers that the history or build standard of the aircraft needs further investigation.


Change Information

  1. First Issue - published for information June 2004
  2. Second issue - published for information April 2005
  3. Third issue – released for gazetting July 2005
  4. Fourth issue – April 2011
  5. Fifth issue – October 2013
  6. Sixth issue – January 2015
  7. Seventh issue - August 2017
  8. Eighth issue - January 2019

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