FAR 21.197 — Special Flight Permits
FAR 21.197 explains when a special flight permit (ferry permit) can be issued for aircraft not meeting airworthiness requirements but capable of safe flight.
In Plain English
FAR 21.197 authorizes the FAA to issue a special flight permit (often called a ferry permit) for an aircraft that doesn't currently meet all applicable airworthiness requirements but is still capable of safe flight. This matters operationally because there are times an aircraft can't be legally airworthy where it sits, yet it must be moved.
A permit may be issued to:
- Fly the aircraft to a base for repairs, alterations, maintenance, or storage
- Deliver or export the aircraft
- Conduct production flight testing of new production aircraft
- Evacuate an aircraft from an area of impending danger
- Conduct customer demonstration flights in new production aircraft that have passed production flight tests
A special flight permit can also authorize operation above maximum certificated takeoff weight for long-range flights over water or remote areas, but only for the extra fuel, fuel-carrying gear, and navigation equipment needed.
Finally, certain Part 119 and Part 91 Subpart K operators with approved programs may receive a continuing authorization permit, with conditions spelled out in their operations or management specifications.
Regulation Text
14 CFR § 21.197§ 21.197 Special flight permits.
(a) A special flight permit may be issued for an aircraft that may not currently meet applicable airworthiness requirements but is capable of safe flight, for the following purposes:
(1) Flying the aircraft to a base where repairs, alterations, or maintenance are to be performed, or to a point of storage.
(2) Delivering or exporting the aircraft.
(3) Production flight testing new production aircraft.
(4) Evacuating aircraft from areas of impending danger.
(5) Conducting customer demonstration flights in new production aircraft that have satisfactorily completed production flight tests.
(b) A special flight permit may also be issued to authorize the operation of an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available. The excess weight that may be authorized under this paragraph is limited to the additional fuel, fuel-carrying facilities, and navigation equipment necessary for the flight.
(c) Upon application, as prescribed in §§ 91.1017 or 119.51 of this chapter, a special flight permit with a continuing authorization may be issued for aircraft that may not meet applicable airworthiness requirements, but are capable of safe flight for the purpose of flying aircraft to a base where maintenance or alterations are to be performed. The permit issued under this paragraph is an authorization, including conditions and limitations for flight, which is set forth in the certificate holder's operations specifications. The permit issued under this paragraph may be issued to—
(1) Certificate holders authorized to conduct operations under part 119 of this chapter, that have an approved program for continuing flight authorization; or
(2) Management specification holders authorized to conduct operations under part 91, subpart K of this chapter for those aircraft they operate and maintain under a continuous airworthiness maintenance program prescribed by § 91.1411 of this chapter.
[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as amended by Amdt. 21-21, 33 FR 6859, May 7, 1968; Amdt. 21-51, 45 FR 60170, Sept. 11, 1980; Amdt. 21-54, 46 FR 37878, July 23, 1981; Amdt. 21-79, 66 FR 21066, Apr. 27, 2001; Amdt. 21-84, 68 FR 54559, Sept. 17, 2003; Amdt. 21-87, 71 FR 536, Jan. 4, 2006; Amdt. 21-92, 74 FR 53389, Oct. 16, 2009]
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Oral Exam Questions a DPE Might Ask
Q1What is a special flight permit, and when would you need one?
Per FAR 21.197, a special flight permit is issued for an aircraft that doesn't currently meet airworthiness requirements but is capable of safe flight — for example, to ferry it to a maintenance base, deliver or export it, conduct production flight tests, evacuate it from danger, or fly customer demos in new production aircraft.
Q2Can a special flight permit authorize flight above the aircraft's maximum certificated takeoff weight?
Yes. FAR 21.197(b) allows operation above max certificated takeoff weight for flights beyond normal range over water or remote areas, but the excess weight is limited to the additional fuel, fuel-carrying facilities, and navigation equipment required for that flight.
Q3Who can hold a special flight permit with a continuing authorization?
Under FAR 21.197(c), continuing authorization permits may be issued to Part 119 certificate holders with an approved continuing flight authorization program, or to Part 91 Subpart K management specification holders operating under a continuous airworthiness maintenance program per §91.1411.
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§21.15 Type Certificate Application
FAA application form, aircraft drawings, and engine data
§21.17 Certification Basis
Applicable airworthiness, noise, and emission rules
§21.20 Compliance Showing
How applicants show compliance to the FAA
§21.31 Type Design
Drawings, specifications, dimensions, and limitations
§21.41 Type Certificate
What the certificate includes once the design is approved
§21.47 Type Certificate Transferability
Transfer and licensing notices for FAA type certificates
Related Sections in Part 21