Annual expired

[sharpend]

The CAA have posted several temporary changes to regulations regarding licensing and flying during the Covid 19 pandemic. Motor cars have an automatic extension to the MOT for 6 months. But I have yet to see any dispensation for aircraft servicing. My Annual expired end of March and I will need a possible ferry flight to a maintenance base. One always was allowed one journey to the MOT station to get an MOT, even if the MOT was out of date. Has anyone seen any changes to the CAA rules? When we can fly again, what do we do if our servicing is out of date?

[Jim59]

See CAA Web site:

GA flights for maintenance checks, ferry, and engine health under COVID-19

The Government has published information on General Aviation flying (non-complex aircraft including microlights, amateur built and historic aircraft, balloons, gliders, piston twins and singles up to 5,700kg maximum take-off weight and single pilot helicopters up to 3,175kg) during the current COVID-19 restrictions which states that people should not take part in recreational flying during the current coronavirus outbreak. https://www.gov.uk/government/public...neral-aviation

The Government's guidance permits essential maintenance activity to take place during the current COVID-19 restrictions, and on this basis owners / operators of GA aircraft are permitted to conduct aircraft maintenance flights on the following basis:

• Maintenance flights. Post-maintenance check flights in accordance with CAP1038 are permitted but must be kept to an absolute minimum in terms of both the number and duration of flights. They must be conducted in strict accordance with the approved maintenance or flight test profile.
• Ferry flights. Flights to or from maintenance facilities for essential maintenance are permitted if such a facility is not available at the aircraft's current location. Flights are to be by the most direct practical route with transits flown at no lower than 1,000 feet Above Ground Level (AGL).
• Engine health flights. The main way of maintaining engine health during COVID restrictions should be through winterisation or inhibition. Engine health flights are only permitted, where required by the engine manufacturer or equivalent LAA/BMAA procedures for Permit-to-Fly aircraft. Flights must follow those procedures and there must be a four-week gap between flights. Each flight must be no more than 30 minutes (or as recommended by the engine manufacturer in order to prevent internal engine corrosion). Aircraft should aim to remain within the airfield circuit. Unless safety of flight requirements dictate, the aircraft should not travel beyond a 10nm radius of its departure aerodrome and no dynamic manoeuvring activity should be flown. Each flight should be at the highest practical height to minimise to the noise impact on members of the public maintaining social distancing, and not below 1,000ft AGL except for take-off, approach and landing. If the engine manufacturer's instructions indicate that the engine only needs to be run at idle or at low power whilst on the ground and no other essential maintenance is required, then no flight may be performed.
• Criteria for the conduct of these flights:

• while the UK Government's social distancing policy is in place the owner or organisation operating the aircraft must maintain a log of all the aircraft movements. As a minimum, this must include the purpose of the flight, the aircraft registration, the pilot and their licence number, the flight's date, time and duration. This log is to be kept and if required provided immediately in electronic form to the CAA.
• Only solo flights by fully qualified pilots are permitted. No other flights, including instructional sorties are allowed. Aircraft must not be rented-out or flown for financial gain.
• Aircraft must have a valid airworthiness certificate (CofA, Permit or Permit Flight Release Certificate) before a maintenance, ferry or engine health flight can take place.
• These provisions apply equally to UK-registered and non-UK registered GA aircraft operating in UK airspace.
• Any requests for exceptions to these provisions are to be submitted to [email protected] a minimum of 10 days in advance of the requested date of the flight.
• At all times, the measures outlined by the UK Government to reduce the risk of the spread of COVID-19, such as social distancing, personal hygiene and minimising travel remain applicable, and pilots and operators undertaking flights on the basis permitted here must observe these. Aerodrome operators must also ensure that such flights are coordinated so that social distancing measures are not compromised at their location.

[Jim59]

Further to above - if your maintenance is overdue your maintainer will know how to deal with that.

[BoeingBoy]

As far as I'm aware you can now ferry your aircraft to your maintainer so long as you can't get it done at base. However there is no alleviation on the timing of the check so if your annual has expired the engineer doing the work will have to authorise the ferry. The only problem is convincing the Police that your drive to the airport is justified and arranging a safe passage back to base.

I had planned to take mine to a field that's now closed until June and catch a train home! Thankfully I have a maintainer at base who've stepped in to do the work.

Good Luck.

[homonculus]

The CAA rules and the coronavirus legislation dont join up. Clearly if the aircraft is used for work - either for any individual to get to work or to undertake allowed commercial purposes - then it is lawful to move the aircraft for maintenance.

However, if an aircraft is only used for recreational purposes, or indeed for other purposes such as training which are prohibited, the Act does not allow you to leave your home to move the aircraft because it isnt essential. You could just as well wait with the maintenance overdue until the Act lapses and then get approval from your maintenance organisation to move it.

I suppose a CPL who is employed to move the aircraft by the maintenance organisation is legal as both the maintenance can continue and the CPL is 'working' and cannot work from home, but there is nothing I can see that allows a private pilot or indeed a commercial pilot not legally employed for the flight to move an aircraft otherwise.....

[Jim59]

However, if an aircraft is only used for recreational purposes, or indeed for other purposes such as training which are prohibited, the Act does not allow you to leave your home to move the aircraft because it isnt essential. You could just as well wait with the maintenance overdue until the Act lapses and then get approval from your maintenance organisation to move it.

Many garages are open to do servicing. My understanding is that one is allowed to take cars to a garage for that purpose. What's the difference?

[Fostex]

The act (The Health Protection (Coronavirus, Restrictions) allows one to leave the house to cover a legal obligation. It could be argued that moving an aircraft to a location so that it can be maintained inline with an EASA/CAA maintenance schedule is a legal requirement.

[homonculus]

Jim59: There is an automatic extension for MOTs until November so clearly you are not expected to drive to an MOT. Garages need to stay open to keep the cars of essential workers going (section 6 2 f allows you to travel to provide those services, services including your work) - most of my nurses now drive to work and my local authority allows them to part for free....but otherwise I think you are in the same position as with your aircraft

Fostex: 6 2 h does indeed include legal requirements, but then states 'attending court or satisfying bail conditions, or to participate in legal proceedings'. Whilst not proscribing other obligations, it is a leap of faith from jury service to keeping the donkey working. It is not illegal to be out of maintenance if you dont fly.

As I posted earlier, an interesting dilemma.

[Jim59]

Jim59: There is an automatic extension for MOTs until November so clearly you are not expected to drive to an MOT.

Only after a specific date. My wife's car ran out the day before the automatic extension so we had to find an open test centre and take the car there... There is another issue. She paid for three years servicing up front which expired in March. Citroen have extended that by a maximum of 3 months and are opening her local dealer again from 11th May so she has to get the service she paid for done, or loose the money, regardless of lock-down status. A contractual issue.

[Mickey Kaye]

Can you still get an annual issued for 13 months? With that in mind a one month extension to annual or permit be possible?

[TheOddOne]

...or you can do what we're planning, which is to fly our aircraft to maintenance and get the Annual done early - you can anticipate by 62 days. They're allowed to work and we're permitted to ferry the aircraft.

Getting approval to fly an aircraft that was out of check used to be easy, now it's a bit of a nightmare.

TOO

[homonculus]

we're permitted to ferry the aircraft

Unless you use the aircraft for work, or the aircraft is used for permitted activities or you have a commercial license and were paid for the ferry flight, it may be OK with the CAA but is illegal under the Coronavirus Act. That is what this discussion is about - the fact that the CAA guidance may still result in the individual breaking the law.... Please do come back if you have more information - I am curious.

[sharpend]

Yes, one can ferry the aircraft to obtain essential maintenance if that is not available on base. But tell me where it says I can still do so if the Annual has expired!

[homonculus]

Please do tell me where the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 - ie the law - allow you to

ferry the aircraft to obtain essential maintenance

They dont. Section 6 sets down specific reasons you can leave the place where you are living. Any other reason is illegal no matter how worthy. Maintaining an aircraft is not included. The CAA has set down its position but their position is subservient to the Regulations. They cover maintenance of aircraft which are allowed to be used under the Regulations.I can take my car in for maintenance because I need it to drive to my ITU where I work. I suggest I cant take my XK120 which I race as a hobby for maintenance....

[C172Navigator]

I positioned my aircraft back from maintenance today, as per the CAA rules. And what a lively flight it was. Fun in life is being taken away from us, if you can get a maintenance flight in I suggest you do, it will be wonderful for your spirits.

Being locked up is bloody miserable, it is about time the government gave up with this nonsense and lets everyone return to normality before everything we loved doing is gone forever.

[jmmoric]

Originally Posted by C172Navigator

I positioned my aircraft back from maintenance today, as per the CAA rules. And what a lively flight it was. Fun in life is being taken away from us, if you can get a maintenance flight in I suggest you do, it will be wonderful for your spirits.

Being locked up is bloody miserable, it is about time the government gave up with this nonsense and lets everyone return to normality before everything we loved doing is gone forever.

You'll be out flying again in no time.

There are people who will never get that chance again, if we're not carefull.

[sharpend]

Originally Posted by jmmoric

You'll be out flying again in no time.

There are people who will never get that chance again, if we're not carefull.

If my aeroplane is at a maintenance base and safe there, personally I would not collect it, unless it is sitting out in the open deteriorating in bad weather. So, even though it was due an Annual, it did not go. The logistics to collect an aeroplane from a maintenance base involves a drive to the maintenance base, then whoever took you there has to drive home/ or collect you from your own base. To me that imposes a big risk; not only might the flight end with a problem involving emergency services and hospital, but your car might break down on one of its 3 journeys. That may then result in you both sitting next to the AA man in the recovery truck; yes that is the man who may have the virus. OK, not a huge risk any of that is. But, if like me, you are a vulnerable person, catching the virus may result in death. A 'bit of fun' in an aeroplane is not worth the risk. You do what you like, but please don't infect the NHS staff.

C172Navigator By the way, I find your quote 'it is about time the government gave up with this nonsense' quite interesting... The government are trying to save lives, not pander to the whims of those who wish to enjoy flying. I personally do not think what the government is doing is 'nonsense'. OK, it may not have made all the right decision at the right time, but easy to poke fingers and criticise. If we all self isolated, then the virus would disappear sooner and you can get back to your 'Fun'. Being locked up is miserable, but dying in hospital is hardly fun.

[TelsBoy]

As usual, the regulation and reality don't tally. Many airfields are shut anyway with the exception of essential flights - i.e. Air Ambulance, Mil, commercial PSOs, cargo/mail. You might "need" to ferry an a/c to another airfield for Mx or give the engine a run however upon phoning for PPR - from either your departure or destination airfield - you will be told in no uncertain terms to bog off. Plus if Plod turn up or the local NIMBY/Curtain Twitcher reports you they will be giving you a telling off and relieving you of some hard-earned for your trouble.

A better admission would be "We know everything's screwed, basically nobody do anything and wait until all this is over and sort it out then".

[A and C]

Just like usual with aviation some above are turning it into a black art by putting the most restrictive interpretation on the Protection of health ( Coronavirus) legislation.

Add this to Aviaton legislation and you get a regulatory environment that stops any activity whatsoever. This is not the intention of the Coronavirus legislation to stop nessesary activity but all the little hitlers have come out for their moment of glory.

The law does NOT stop you from moving an aircraft for maintenance ( it is a legal requirement ) and ground travel to do so falls under the same category.

I would advise people to download the regulations from the Government website and read them rather than listen to the misinformed hype on the internet and in the press. .................. it’s a bit like reading the flight manual rather than getting half baked theory from the internet.

[homonculus]

A and C - you dont seem to appreciate that getting your recreational toy serviced is not essential. Nor is it a 'legal requirement' unless you want to play with it.

The 'Aviation legislation' -not sure there is any relating to this, it is merely guidance - is NOT restrictive. That is the problem - it suggests this activity IS legal. I have the Regulations in front of me. They amount to but 6 pages including the title page. The restrictions on movement are section 6 and less than a page. I will do as you suggest A and C and not only download them but paste them here and invite you to demonstrate where they allow the maintenance of recreational equipment. Sharpend is spot on. This isnt about being a kill joy but about reducing viral transmission. Even if one particular activity is low risk, the issue is that if the entire population also used one loophole or excuse, transmission would inevitably rise, deaths occur and the lockdown be prolonged

Here is the relevant section:

6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse.
(2) For the purposes of paragraph (1), a reasonable excuse includes the need—

(a) to obtain basic necessities, including food and medical supplies for those in the same household (including any pets or animals in the household) or for vulnerable persons
and supplies for the essential upkeep, maintenance and functioning of the household, or the household of a vulnerable person, or to obtain money, including from any
business listed in Part 3 of Schedule 2;
(b) to take exercise either alone or with other members of their household;
(c) to seek medical assistance, including to access any of the services referred to in paragraph 37 or 38 of Schedule 2;
(d) to provide care or assistance, including relevant personal care within the meaning of paragraph 7(3B) of Schedule 4 to the Safeguarding of Vulnerable Groups Act 2006(3), to
a vulnerable person, or to provide emergency assistance;
(e) to donate blood;
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from
the place where they are living;
(g) to attend a funeral of—
(i) a member of the person’s household,
(ii) a close family member, or
(iii) if no-one within sub-paragraphs (i) or (ii) are attending, a friend;
(h) to fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings;
(i) to access critical public services, including—
(i) childcare or educational facilities (where these are still available to a child in relation to whom that person is the parent, or has parental responsibility for, or care of
the child);
(ii) social services;
(j) in relation to children who do not live in the same household as their parents, or one of their parents, to continue existing arrangements for access to, and contact between,
parents and children, and for the purposes of this paragraph, “parent” includes a person who is not a parent of the child, but who has parental responsibility for, or who has
care of, the child;
(k) in the case of a minister of religion or worship leader, to go to their place of worship;
(l) to move house where reasonably necessary;
(m) to avoid injury or illness or to escape a risk of harm.

The only other excuse is that this doesnt apply to the homeless!!!!!