Article 28 Issue, re-issue etc of permit to fly and special flight permitF5I1
United Kingdom
The Governor may F1issue a permit to fly, for any aircraft registered in the Territory which does not qualify for a Type Acceptance Certificate under article 23, upon being satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.
The Governor may issue a special permit, for any aircraft registered in the Territory whose certificate of airworthiness has ceased to be in force, if the Governor is satisfied that the aircraft is fit to fly having regard to its airworthiness and any conditions to be attached to the permit.
The Governor may issue a special permit, for any aircraft registered other than in the Territory whose certificate of airworthiness has ceased to be in force, if the Governor is satisfied that the aircraft is fit to fly, having regard to—
its airworthiness;
any conditions to be attached to the permit; and
any conditions of the competent authority of the State of registry or of the State of the operator of the aircraft, as the case may be.
The Governor must refuse to issue a permit to fly F3or special flight permit for an aircraft if it appears that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.
Subject to paragraph (4) an aircraft flying in accordance with a permit to fly or special flight permit must not fly for the purpose of commercial air transport or aerial work.
With the permission of the Governor, an aircraft flying in accordance with a permit to fly or special flight permit may fly for the purpose of aerial work which consists only of giving instruction in flying or the conduct of flying tests.
A person who is not a member of the flight crew must not be carried during flights under a permit to fly or special flight permit unless the prior permission of the Governor has been obtained.
A placard must be fixed to any aircraft, flying in accordance with a permit to fly F4... in full view of the occupants, which must be worded as follows—
“Occupant Warning – This aircraft has not been certificated to an International Requirement”.
An aircraft flying in accordance with a permit to fly or special flight permit must only be flown in accordance with such conditions specified by the Governor as shall be appropriate having regard to all of the circumstances of the flight.
Nothing in this Order obliges the Governor to accept an application for the issue, variation or renewal of a permit to fly or special flight permit unless the application is supported by such reports from such authorised or approved persons as the Governor may specify (either generally or in a particular case or class of cases).
Annotations
Textual amendments
- F1
Words in art. 28(1) substituted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 6(3)(b)
- F2
Art. 28(1A)(1B) inserted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 6(3)(c)
- F3
Words in art. 28(2)-(8) inserted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 6(3)(d)
- F4
Words in art. 28(6) omitted (10.4.2024) by virtue of The Air Navigation (Overseas Territories) (Amendment) Order 2024 (S.I. 2024/384), arts. 1, 6
- F5
Words in art. 28 heading inserted (22.7.2021) by The Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 2021 (S.I. 2021/755), arts. 1(1), 6(3)(a)