37.—(1) This article applies to a non-EASA aircraft registered in the United Kingdom which is a State aircraft but which is not a military aircraft.
(2) There must be in force for the aircraft either a national certificate of airworthiness or an EASA certificate of airworthiness issued by the CAA.
(3) If there is in force an EASA certificate of airworthiness issued by the CAA the aircraft must—
(a)comply with the Basic EASA Regulation and any implementing rules made under that Regulation which would apply if it were an EASA aircraft;
(b)comply with any United Kingdom national requirements made in accordance with article 14 of the Basic EASA Regulation and in CAP 747 which would apply if it were an EASA aircraft;
(c)comply with any United Kingdom national requirements for State aircraft in CAP 747; and
(d)not fly within the airspace of another State without the permission of the competent authority of that State.
(4) In this article, “CAP 747” means CAA publication CAP 747 entitled “Mandatory Requirements for Airworthiness”, as amended from time to time(1).
38.—(1) Subject to paragraph (2), the CAA must issue for any non-EASA aircraft registered in the United Kingdom a national certificate of airworthiness if it is satisfied that the aircraft is fit to fly having regard to—
(a)the design, construction, workmanship and materials of the aircraft (including in particular any engines fitted in the aircraft), and of any equipment carried in the aircraft which it considers necessary for the airworthiness of the aircraft; and
(b)the results of flying trials, and such other tests of the aircraft as it may require.
(2) A national certificate of airworthiness issued by the CAA must be a non-expiring national certificate of airworthiness.
(3) If the CAA has issued a national certificate of airworthiness for an aircraft which, in its opinion, is a prototype aircraft or a modification of a prototype aircraft, it may dispense with flying trials in the case of any other aircraft if it is satisfied that the other aircraft conforms to such prototype or modification.
(4) Every national certificate of airworthiness must specify whether it is a Standard or Special Category certificate according to which is, in the opinion of the CAA, appropriate to the aircraft.
(5) A Special Category certificate must be issued subject to the condition that the aircraft may be flown only for the purposes indicated in Part 2 of Schedule 3 in relation to that category.
(6) The CAA may issue a national certificate of airworthiness subject to such other conditions it deems appropriate relating to the airworthiness of the aircraft.
(7) Nothing in this Order obliges the CAA to accept an application for the issue of a national certificate of airworthiness or for the variation or renewal of any such certificate if the application is not supported by such reports from such persons approved under article 268 as the CAA may specify, either generally or in a particular case or class of cases.
39.—(1) Subject to paragraph (3), a national certificate of airworthiness issued for a non-EASA aircraft registered in the United Kingdom ceases to be in force if—
(a)the aircraft or any part of the aircraft or such of its equipment as is necessary for the airworthiness of the aircraft has been overhauled, repaired, replaced, modified or maintained;
(b)maintenance or an inspection of the aircraft or of any equipment necessary for the airworthiness of the aircraft is required by a maintenance programme established under article 54;
(c)maintenance of the aircraft or of any equipment necessary for the airworthiness of the aircraft has been made mandatory by a directive issued by the CAA;
(d)an inspection for the purpose of ascertaining whether the aircraft remains airworthy has been made mandatory by a directive issued by the CAA; or
(e)any modification of the aircraft or of any equipment which is necessary for the airworthiness of the aircraft, has been made mandatory by a directive issued by the CAA for the purpose of ensuring that the aircraft remains airworthy.
(2) A certificate of airworthiness which has ceased to be in force under paragraph (1) becomes valid again on the issue of a certificate of release to service under this Order or in accordance with paragraph 21A.163(d) of Part 21 relating to the overhaul, repair, replacement, modification, maintenance or inspection.
(3) A certificate of airworthiness which would not be in force by reason of paragraph (1) remains in force if the aircraft is flying in the circumstances specified in article 44(3).
40.—(1) Subject to paragraph (2), the CAA or a person approved by the CAA for that purpose must issue for any non-EASA aircraft registered in the United Kingdom a national permit to fly if it is 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.
(2) The CAA or a person approved by the CAA for that purpose must refuse to issue a national permit to fly for a non-EASA aircraft registered in the United Kingdom if it appears to the CAA that the aircraft is eligible for, and ought to fly under and in accordance with, a national certificate of airworthiness.
(3) The CAA or a person approved by the CAA for that purpose may issue a national permit to fly subject to such conditions it deems appropriate relating to the airworthiness, operation or maintenance of the aircraft.
(4) Nothing in this Order obliges the CAA or a person approved by the CAA for that purpose to accept an application for the issue, variation or renewal of a national permit to fly if the application is not supported by such reports from such persons approved under article 268 as the CAA may specify, either generally or in a particular case or class of cases.
41.—(1) A national permit to fly ceases to be in force if—
(a)the CAA has issued a directive that requires—
(i)an inspection to be carried out for the purpose of ascertaining whether the aircraft remains airworthy; or
(ii)modification or maintenance of the aircraft or any of its equipment necessary for the airworthiness of the aircraft for the purpose of ensuring that the aircraft remains airworthy; or
(b)completion of an inspection, modification or maintenance of the aircraft is required as a condition of the permit to fly.
(2) A national permit to fly which has ceased to be in force under paragraph (1) comes into force again as soon as—
(a)any such inspection, modification or maintenance has been satisfactorily completed; and
(b)in the case of an inspection, any consequential repair, replacement or modification has been satisfactorily carried out.
(3) A national permit to fly ceases to be in force—
(a)if any condition (other than a condition of the permit requiring an inspection, modification or maintenance) is not complied with;
(b)if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired, unless the repair or modification has been approved by the CAA or by a person approved by the CAA for that purpose.
(4) A national permit to fly is not in force unless the permit includes a current certificate of validity issued by the CAA or by a person approved by the CAA for that purpose.
(5) In this article “certificate of validity” means a certificate which certifies that a national permit to fly remains valid for the period specified in the certificate and a certificate of validity is current during that period.
42.—(1) An aircraft flying in accordance with a national permit to fly—
(a)must not fly for the purpose of public transport or commercial air transport; and
(b)must not fly without the permission of the CAA—
(i)for commercial operation;
(ii)at night or in accordance with Instrument Flight Rules; or
(iii)for hire.
(2) A placard must be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which must be worded as follows—
| Occupant Warning |
|---|
| This aircraft has not been certificated to an International Requirement |
43.—(1) This article applies to any flying machine or glider which—
(a)is not subject to Annexes III to VIII of the EASA Air Operations Regulations; and
(b)has a certificate of airworthiness issued by the CAA or a national permit to fly.
(2) Every aircraft to which this article applies must be weighed, and the position of its centre of gravity determined, at such times and in such a manner as the CAA may require.
(3) The operator of an aircraft must—
(a)when the aircraft is weighed, prepare a weight schedule showing—
(i)the mass, or such other weight as may be approved by the CAA or EASA for that aircraft; and
(ii)the position of the centre of gravity at its mass or such other position of the centre of gravity as may be approved by the CAA or EASA for that aircraft.
(b)account for and properly document the accumulated effects of modifications and repairs on the mass and balance of the aircraft;
(c)make available such information to the pilot in command; and
(d)reweigh the aircraft if the effect of modifications on the mass and balance is not accurately known.
(4) Subject to article 238, the weight schedule must be preserved by the operator of the aircraft for at least six months after the next occasion on which the aircraft is weighed for the purposes of this article.
(5) In this article, “mass” means the empty mass of the aircraft established in accordance with the certification basis of the aircraft.
Issue 3, incorporating amendments to 2014/02 and dated 25th November 2014, was published by The Stationery Office on behalf of the CAA, under ISBN 9780117928824. It is also available online for download at http://www.caa.co.uk/CAP747