EASA-Regulations for Flight testing

[Elias1308]

Hello,



I found the following passage in an EASA-FTOM-Guide from 2018:

“When drafting the FTOM, organisations should bear in mind that when an aircraft is operated under a Permit to Fly (PtF), the operation is regulated completely by Part21. Other normal regulations, such as Part-FCL or Part-CAT, do not apply.”

Is that still the case for the new Basic Regulation?

Does that mean that the Basic Regulation never applies to any flight testing activity?



Thanks in advance!

[Pilot DAR]

I can't answer for EASA, though I expect it's similar to what we do here in Canada. The test aircraft of course needs a flight permit, as it does not meet the requirements for a full flight authority (usually a certificate of airworthiness). I'm not familiar with the EASA "Basic Regulation", so cannot comment that, but I expect it's more a matter of the fact that the aircraft, and some elements of it's operation cannot meet other regulations, rather than need not. It has been the case where I have test flown a completely conforming aircraft (which would be eligible for a C of A, other than I am deliberately exceeding a limitation (the reason for the test), so I could not meet the requirement to stay within that limitation, hence the need for a test plan and flight permit.

Generally, flight testing will impose more, and more restrictive regulations, so the notion that a regulation might not apply should be approached with caution....

[Genghis the Engineer]

Flight testing is Annex 1, formerly Annex 2 - which is aircraft specifically not covered by the basic regulation, as are historic aircraft, microlights, etc.

It absolutely does not mean that no safety regulations apply, but generally they are applied by national authorities outside of the EASA structure. However, generally EASA is involved anyhow, as they are likely to be the eventual approving authority for whatever is being tested, and many European authorities have de-skilled in flight testing, so are deferring to EASA on that. Plus, EASA has defined both TP and FTE qualifications.

So yes, this is still an EASA competence, but no it probably isn't covered in most parts by the basic regulation. Which indeed makes it all a bit unclear.

G

[Elias1308]

Flight testing is Annex 1, formerly Annex 2 - which is aircraft specifically not covered by the basic regulation, as are historic aircraft, microlights, etc.

It absolutely does not mean that no safety regulations apply, but generally they are applied by national authorities outside of the EASA structure. However, generally EASA is involved anyhow, as they are likely to be the eventual approving authority for whatever is being tested, and many European authorities have de-skilled in flight testing, so are deferring to EASA on that. Plus, EASA has defined both TP and FTE qualifications.

So yes, this is still an EASA competence, but no it probably isn't covered in most parts by the basic regulation. Which indeed makes it all a bit unclear.

G


Thanks for your Answer!

Flight testing does indeed seem to be quite an unclear topic within EASA and national regulations....it seems to me that EASA has tried to implemet more applicable regulations in recent years, e.g. (EU) 2015/1039 introduced the new Appendix XII to Part 21 with flight test categoriation and requirements...however that also only applies to aircraft with MTOM less than 2000 kg. Lighter aircraft flight testing should then be regulated on a national basis, however at last here in Austria it is hard to find specific regulations (at least ones that are current and not from back in 2006 that seem outdated compared to the recent EASA publications...).