Got a permit for that?

Under FAR 21.197, one purpose for which a ferry permit may be issued is to allow a pilot to fly the aircraft to a base where repairs or maintenance may be performed. At AOPA Legal Services/Pilot Protection Services, we often speak with pilots who should have obtained a ferry permit but did not. In many cases, the FAA never learns of the flight and nothing happens. But the operation of unairworthy aircraft is something the FAA takes seriously, and it pursues violations aggressively when it learns of them. So, it is important to understand how ferry permits are intended to work.

A common situation goes like this: A pilot takes off and upon reaching his destination, attempts to lower his landing gear. The pilot notices the landing gear position indicator still shows that the gear is up. He tries to cycle the gear again and the problem is not solved. After confirming with the tower that his gear appears down, the pilot lands safely. Once on the ground, he learns there are no other maintenance providers on the field, so he calls his mechanic, who is at an airport 30 miles away. The mechanic thinks perhaps the problem is burnt bulbs. He suggests that the pilot fly the aircraft to his shop and simply not retract the gear during flight. The pilot does so without incident.

Even though the flight went as planned, the pilot has violated FAR 91.205. The pilot was aware that equipment required by FAR 91.205(b)(10) was not in operable condition but elected to fly anyway. If the FAA learned of the flight, the pilot could be facing an enforcement investigation.

This circumstance is perhaps the quintessential situation in which a ferry permit is required and would be issued. If the FAA believes the aircraft can be operated safely by simply leaving the gear down, it can issue a ferry permit with that operating limitation.

Pilots who are aware of maintenance items that may affect the airworthiness of their aircraft should consider obtaining a ferry permit before flight. Of course, doing it right entails some paperwork and waiting for the local flight standards district office to process the application. But doing it right will help keep you out of the FAA’s crosshairs. Daniel Hassing is an in-house attorney with AOPA’s Legal Services Plan, a private pilot, and a Part 107 UAS pilot.

aopa.org/pps