Annual expired
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 One always was allowed one journey to the MOT station to get an MOT, even if the MOT was out of date.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 When we can fly again, what do we do if our servicing is out of date?
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See CAA Web site:
GA flights for maintenance checks, ferry, and engine health under COVID-19The 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-aviationThe 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:
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Further to above - if your maintenance is overdue your maintainer will know how to deal with that.
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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. |
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..... |
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. |
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.
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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: There is an automatic extension for MOTs until November so clearly you are not expected to drive to an MOT. |
Can you still get an annual issued for 13 months? With that in mind a one month extension to annual or permit be possible?
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...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 |
we're permitted to ferry the aircraft |
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!
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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 |
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. |
Originally Posted by C172Navigator
(Post 10758609)
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. There are people who will never get that chance again, if we're not carefull. |
Originally Posted by jmmoric
(Post 10759061)
You'll be out flying again in no time.
There are people who will never get that chance again, if we're not carefull. 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. |
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". |
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. |
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!!!!! |
recreational toy I flew my vintage aeroplane this morning on a required air test after maintenance. It is not a toy. |
Homonculus
Maintenance companies are still running as this is work that can’t be done from home so there is nothing stopping the maintenance company sending someone to pick up your aircraft or you taking it to the maintenance company. 6.2 (f) that is work of facilitating work.
The bottom line is if social distancing is met then no harm is done and if the worst happens and the police hand you a £30 fine you are £170 up on the deal as an EASA ferry permit is £200. |
A and C please read my earlier posts. I agree it is legal for a commercial pilot to be paid to collect your aircraft. But not for you to fly it, because 6.2(f) applies to the person doing the work, not the customer...I am sorry you think of it as saving money. Harm is done. Lockdown is about reducing R0 by reducing population density. If everyone goes out density increases. I started this post to demonstrate a disparity between the law and the CAA. Sadly the discussion has descended into a group who see the benefit of behaving as a community, accepting a loss of liberty for the greater good, and those who see rules as matters to be circumvented.
And apologies Mothminor, I realised my terminology would not be welcomed. I too covet my aircraft, but although it is my prized possession it is just that - a possession. My nurses and medical colleagues are dying on intensive care along with some good friends as patients. I suggest their lives are worth more than even your moth or £170.... |
Nothing that I have or will do in operating my aeroplane has or will make any difference to this virus.
I personally am at risk when I go to the local shop, or take in the mail (both done with extreme caution). At the airfield, I use gloves to open the gate,hangar doors and fuel pump, sanitising before I leave. I do not increase anybody`s risk at all. People are dying because of the virus, not because of me flying my aeroplane (which I have now done the required flight). Perhaps you should complain about the crowds on Westminster bridge, ignoring social distancing to cheer the nhs. There are many spreading this virus but you will not find many here. |
The commercial pilot thing is a red herring, a CPL is only needed to fly for hire & reward as people are free to fly themselves to and from work.
While agreeing with all the social distancing advice and it is difficult to see how in this case the R number will go above zero. There is also the question of who is going to pay to run the NHS if no one can work ? The money won’t appear out of thin air and the over reaction about what is essential seems to forget that tax revenue is essential to pay for the NHS and people need to work to pay tax. This lock down as been a boon for the virtue signallers in this world who show off on Facebook & YouTube about how good they are being on their government funded break but some of us are working within the safety guidelines keeping the risks as low as possible and paying the tax that funds this crisis , it is clear this is what the Government intended the lockdown to be. |
A lot of people here seem to want to make more of this than they need. The CAA rules clearly say you can fly to/from a place for maintenance and to collect your aircraft. I cannot see how doing so endangers lives. Eating crap, drinking and smoking does however endanger lives but I bet all the armchair experts on here love those things. The maintenance shop I went to was full of aircraft. They had someone drop one off the day before and others due in. There were 5 or 6 guys working there, lucky them. At least they're getting paid unlike a lot of the population. And that is why I referred to this situation as nonsense. The country cannot survive on benefits but right now that is exactly what is happening with public opinion fuelled by propaganda put out by the BBC. If we carry on for much longer most private business, small and large, will be gone. People need to get back to work and they need to start spending to get the economy going. I just hope GA survives.
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C172 navigator
Thank you for that breath of common sense.
People fail to see that until a Coronavirus vaccination or more effective treatment is developed we are all at danger from the virus and there is little we can do to combat it apart from good hygiene and social distancing. So the government has enacted measures to slow the spread of the virus to allow the NHS to not get overloaded and people die from lack of facilities and staff. Those who are going to die from it are going to die come what may but the current measures mean that no one who can recover will fail to do so because of lack of facilities. i also think I should post this statement taken from the House of Commons joint human rights committee 08 April. The ‘lockdown' restriction (Regulation 6) allows for people to leave their homes provided they have a “reasonable excuse”. There is a non-exhaustive list of what could be a reasonable excuse. In order to be proportionate, “reasonable excuse” must be interpreted broadly and in the way that least infringes with the right to private and family life and other civil liberties. The lockdown restriction is supplemented by a ban on almost all public ‘gatherings' of more than two people who are not from the same household. Any enforcement action taken by the police will need to maintain a close link to the health protection objective of these extraordinary measures. The helpful National Police Chief's Council and College of Policing Guidance makes clear that there is no power to “stop and account”. Therefore, the police should not be intercepting people who they do not suspect to be causing health risks by their behaviour in violation of Regulation 6 or 7. Further steps could be taken to ensure that the enforcement powers are clear and proportionate. |
Originally Posted by C172Navigator
(Post 10760550)
A lot of people here seem to want to make more of this than they need. The CAA rules clearly say you can fly to/from a place for maintenance and to collect your aircraft. I cannot see how doing so endangers lives. Eating crap, drinking and smoking does however endanger lives but I bet all the armchair experts on here love those things. The maintenance shop I went to was full of aircraft. They had someone drop one off the day before and others due in. There were 5 or 6 guys working there, lucky them. At least they're getting paid unlike a lot of the population. And that is why I referred to this situation as nonsense. The country cannot survive on benefits but right now that is exactly what is happening with public opinion fuelled by propaganda put out by the BBC. If we carry on for much longer most private business, small and large, will be gone. People need to get back to work and they need to start spending to get the economy going. I just hope GA survives.
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Originally Posted by sharpend
(Post 10755313)
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?
a) proceed to a place at which any inspection or maintenance required by virtue of Article 9(7)(b)(ii) of the Air Navigation Order is to take place; Before an aircraft flies under ‘A’ Conditions the aircraft and its engines shall be certified as fit for flight. |
Sharp end
You are correct that an annex 2 aircraft administered by the UK CAA does permit an appropriately licensed engineer to issue an “A” conditions ferry permit.
EASA has a much more expensive and involved process for annex 1 aircraft involving issuing a ferry permit and subject to an engineers inspection. If this was a brexit debate it would be a perfect example of the EU making things far more expensive by producing lots of paperwork that fails in any way to enhance safety. |
Originally Posted by A and C
(Post 10765173)
You are correct that an annex 2 aircraft administered by the UK CAA does permit an appropriately licensed engineer to issue an “A” conditions ferry permit.
EASA has a much more expensive and involved process for annex 1 aircraft involving issuing a ferry permit and subject to an engineers inspection. If this was a brexit debate it would be a perfect example of the EU making things far more expensive by producing lots of paperwork that fails in any way to enhance safety. |
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