SU,
There is now a number of eastern European aircraft being offered for sale with EASA Permits to Fly, in leu of the full EASA CofA.
This is simply because EASAs rule making activities are rather slow at present and the have not caught up with developments in the LSA market.
Until the rules are in place for LSA etc EASA are issuing permits to fly for up to two years with a view to upgrading the certification once the designs have been formally approved under the new rules.
However the danger is that if the aircraft is not ultimately approved or approvable then owners will be left in a rather difficult position.
CAA had some concerns over the continuing airworthiness regime for these aircraft, and have written a letter to EASA on the subject. The letter is in the public domain:
The CAA has issued a letter intended to clarify the position with regards to the upcoming European LSA category. Some of these aircraft are being sold in advance of the regulations being finalised, and as a result are being issued with a Permit to Fly by the CAA. This non-renewable permit comes with limitations, and it is important for the buyer to both fully understand all conditions of the Permit, and to understand what will happen in the future.
Here's the CAA letter in full.
Light Sport Aircraft (LSA)
With the increasing interest in Light Sport Aircraft (LSA) it is important that operators and potential purchasers are aware of the current situation regarding the European Aviation Safety Agency’s (EASA) plans for the aircraft.
At present, EASA will provide ‘Flight Conditions’ for these aircraft. This potentially allows these aircraft to qualify for an EASA Permit to Fly (PtF), which will be issued by the State of Registry, e.g. the UK CAA. The aircraft are being delivered from the manufacturer, accompanied by an EASA Form 52. This attests to the build status of the aircraft but, at present, these documents have no legal validity as the production process currently sits outside of the established EASA Implementing Rules for certification under Part 21. This means that aircraft which have had a PtF issued, have not been designed or manufactured to a certificated standard and will be restricted in their use. For example, ab initio flying training or its use for hire and reward will not be permitted.
EASA has recently agreed to formalise the requirements for certification and manufacture of these LSA types. We believe that EASA intends that they will be designed to a code, Certification Specification (CS) -LSA, based on the US ASTM specification. It will also be a requirement that the production organisation be approved, in accordance with Part 21. In the absence of the Part 21 approval, the aircraft will not be eligible for anything other than a PtF and thus will be restricted in use.
Aircraft manufactured and delivered when the Part 21 production approval is in place will initially be issued with a PtF but once the aircraft has been evaluated against the design code, may be eligible for the issue of a CofA. EASA is considering further the likely operating rules that will apply to LSA aircraft with a CofA and it is hoped that this will include flying training.
There are three further points worth noting. Firstly, kit-built versions of these LSA aircraft will only be eligible for a National PtF, e.g. a UK National PtF issued by the CAA and administered through the Light Aircraft Association. Secondly, an aircraft with an EASA PtF is not necessarily eligible for flight in the airspace of another country, even the EU Member States, as EASA has yet to take on the legal competence for airspace use and access. Thirdly, LSA aircraft on a PtF cannot be hired out, this constitutes hire and reward, but can be operated by a group in accordance with the current group rules defined in the UK Air Navigation order (max 20 members sharing the costs).
In the meantime, prospective purchasers of these aircraft should be aware that the EASA requirements are not yet in place.
Jim McKenna
Head of Strategy, Policy and Standards
Airworthiness Division
Safety Regulation Group
Civil Aviation Authority
Hope this is helpful
Kind Regards
Barry