Subpart D - Aircraft operating under a Permit to Fly or a Special Flight Permit

43.151 Purpose

This Subpart details the requirements for airworthiness, maintenance and arrangements for the release for flight of aircraft operating under a Permit to Fly or a Special Flight Permit in accordance with OTAR 21 Subpart P.

43.153 Airworthiness and maintenance

Arrangements for the airworthiness management and maintenance for aircraft operating in the following circumstances shall be as follows:

(a) an aircraft granted a Permit to Fly as prescribed in OTAR Part 21.703(a) because the aircraft does not qualify for a Certificate of Airworthiness shall have maintenance arrangements in compliance with OTAR Part 145 and this Subpart, or as otherwise approved by the Governor, and airworthiness management arrangements as specified on the Permit to Fly Certificate.

(b) an aircraft granted a Special Flight Permit as prescribed in OTAR Part 21.703(b) because the Certificate of Airworthiness or Permit to Fly is not in force shall have maintenance arrangements in accordance with OTAR Part 145 and in compliance with this Subpart, or as otherwise approved by the Governor, and airworthiness management arrangements in compliance with OTAR Part 39.

43.155 Special Flight Permit Release Authorisation

(a) For an aircraft referred to in paragraph 43.153(a), unless specified on the Permit to Fly Certificate, the aircraft may be normally released for service in accordance with Part 43 Subpart C. Where conditions on the Permit to Fly Certificate require a Permit Flight Release Certificate, it shall be issued by a person authorised by the Governor or authorised in a manner approved by the Governor in accordance with paragraph 43.155(b).

(b) For an aircraft referred to in paragraph 43.153(b) the organisation or person issuing a Special Flight Permit Release Certificate shall be first satisfied that:

(1) any maintenance disturbance has been carried out in conformance with instructions and standards promulgated by the aircraft manufacturer and any prescribed by the Governor; and

(2) the aircraft is configured to the conditions prescribed on the Special Flight Permit certificate; and

(3) the aircraft and its records are reviewed and the aircraft is considered to be fit for the intended flight; and

(4) any required Aircraft Airworthiness Review has been satisfactorily completed.

(c) When an aircraft is released for flight test after the incorporation of an unapproved modification, the responsible design organisation shall have produced an appropriate flight test schedule and declare the design approved for release to flight test. In addition the OTAR Part 145 organisation shall release the aircraft as fit to fly in accordance with any specific configuration defined in the approved modification and flight test programme instructions.


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 February 2019

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