Is it illegal to "ferry a flight" without a permit from the FAA?

Business 6 views 5 answers
If an airline is "ferrying" the flight back to the hub without passengers and not disclosing the status as a cancellation, is that an FAA violation and if so which one?

Attorney Answers

5
Steven Pazar ·
Hi, this question is not easily answered based on the limited information in the question. The FAA has a lot of guidance on ferry flights and the permits they issue for these flights. See for example the pdf at this link from the FAA website: http://www.faa.gov/about/office_org/field_offices/fsdo/phl/local_more/media/ferry_permit.pdf Generally, if the aircraft does not meet the airworthiness requirement then a special permit may issue. As you may know this determination of airworthiness is very fact intensive. I hope this is of some help. Steve
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John Postl ·
I don't understand the question. The term "ferry flight" can mean different things. If the aircraft is unairworthy and being relocated for maintenance there needs to be a ferry permit. However, if any empty aircraft is being repositioned, that is a different story. Aircraft deadhead all the time without issue.
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Pietro Barbieri ·
A Special Flight Permit (commonly referred to as a Ferry Permit) may be issued to any U.S. registered aircraft that may not currently meet applicable Airworthiness Requirements but is capable for safe flight. Note: 1.) A Special Flight Permit is not an authorization to deviate from the requirements of 14 CFR Part 91. 2.) Special Flight Permits will be issued by the FSDO/IFO having jurisdiction over the geographical area in which the flight is to originate, this does not apply to 121 or 135 certificate holders. 3.) If an AD requires compliance before further flight and does not have a provision for issuance of a Special Flight Permits, the operation of the aircraft to which it applies would not be appropriate, and a Special Flight Permit will not be issued. The following is not all inclusive (refer to 14 CFR Part 21.197), but lists the most common request for Special Flight Permits. 1.) Flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of salvage. 2.) Flying an aircraft whose annual inspection has expired to a base where an annual inspection can be accomplished. 3.) Flying an amateur built aircraft whose condition inspection has expired to a base where the condition inspection can be accomplished. 4.) Delivering or exporting the aircraft. 5.) Production flight testing of new production aircraft. 6.) Evacuating aircraft from areas of impending danger. 7.) Conducting customer demonstration flights in a new production aircraft that have satisfactory completed production flight tests. 8.) To authorize the operation of an aircraft at a weight in excess of its maximum certificated takeoff weight. An applicant for a Special Flight Permit must submit a statement in a form (FAA- Form 8130-6 (Application for Airworthiness Certificate) online type-able in PDF format) and manner prescribed by the Administrator indicating: 1.) Purpose of the flight. 2.) Proposed itinerary. 3.) Essential crew required to operate the aircraft. 4.) The ways, if any, in which the aircraft does not comply with the applicable airworthiness requirements. 5.) Any other information, requested by the Administrator, considered necessary for the purpose of prescribing operating limitations.
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Steven Herzberg ·
Assuming the aircraft is airworthy with no issues there are no "special permits" or "ferry permits" needed for a ferry flight. The airline can fly to plane as needed under the federal regs which include just needing to fly a plane from a maintenance hub to a passenger hub or from one city to another due to re-positioning required. I believe by "ferry flight" with a permit you are thinking of flights that get waivers from the FAA for airplanes to be flown that typically would not be seen as airworthy of airplanes flow over seas that are not certified for ETOPS. But for a normal passenger plane to fly from one place to another no ferry permit is required just because there are no passengers on the plane. For example many airlines have some training on empty airplanes whether just doing circuits at night around a passenger airport or even doing empty legs for new fleet types. No special permits are needed.
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Mohammad Ahmed FaruquiAviation LawyerFort Lauderdale, FL ·
Your question does not appear to ask about ferry permits for maintenance of an aircraft. It appears you are talking about re-positioning an empty aircraft. This is normal and routine, and does not require a ferry permit.
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