Originally Posted by
Valcourt
I wonder about the practical fallout of this decision for aircraft that were already mid-journey when the notice was issued.
What happens to aircraft now stranded at intermediate stops, especially in remote locations with no hangars or maintenance support? An “immediate grounding” sounds straightforward on paper, but it can leave aircraft sitting exposed on open ramps for weeks. If one of these aircraft is hit by severe weather — hail, storms, winds — where does liability fall? The owners acted in good faith, relying on registration structures that were accepted at the time. The issue stems from regulatory non-compliance by the trustee, not from operational misconduct by the pilot.
That raises a question about whether Southern Aircraft Consultancy could be held responsible for consequential losses caused by aircraft being immobilized in unsuitable locations, and how the Federal Aviation Administration weighs enforcement actions against real-world operational and safety implications.
This might (and it's a big might) fix it.
A Permit to Fly (PtF) may be needed when your aircraft does not meet, or has not yet been shown to meet, the applicable airworthiness requirements and, as a result, cannot hold or be issued a valid Certificate of Airworthiness (CofA) or Restricted CofA, although it is capable of safe flight under defined conditions. In this case, a PtF may be obtained when the aircraft needs to fly for various possible flight purposes, as listed under Part 21.A.701 and related Guidance Material, subject to approval of associated Flight Conditions (FC).
More information on PtF and FC is published on the EASA website and in the EASA procedure
PR.CAP.00125. Please click
here. You may also wish to read the other
FAQ n. 21919.
Also note that the responsible EASA Member State of Registry can also grant an exemption to allow an aircraft to fly without a valid (R)CofA under the provisions of Article 71 of the Basic Regulation
(Regulation (EU) 2018/1139), if it finds that the conditions of this article are met.