FAR 21.223 — Class II Provisional Airworthiness
FAR 21.223 sets the eligibility, manufacturer, and flight-test requirements for issuing a Class II provisional airworthiness certificate to an aircraft.
In Plain English
FAR 21.223 explains how an applicant qualifies for a Class II provisional airworthiness certificate — a temporary certificate issued for aircraft that already hold a Class II provisional type certificate. This pathway exists so manufacturers and operators can begin limited operations of new transport-category aircraft before a full type certificate is finalized.
To qualify, the applicant must:
- Meet the general eligibility rules of § 21.213 and the additional requirements of this section.
- Show that the FAA finds no feature, characteristic, or condition that would make the aircraft unsafe when operated under the limitations in §§ 21.83(h), 91.317, and 121.207.
- Demonstrate that a Class II provisional type certificate has already been issued to the manufacturer.
- Provide a manufacturer statement that the aircraft was built under a quality system ensuring conformity with the type design.
- Provide a statement that the aircraft is in a safe operating condition within the applicable limitations.
- Show the aircraft has been flown at least five hours by the manufacturer.
- Supply the aircraft with a provisional flight manual containing the operating limitations from §§ 21.83(h), 91.317, and 121.207.
Operationally, this lets carriers conduct crew training, route proving, and similar limited operations while full certification work continues.
Regulation Text
14 CFR § 21.223§ 21.223 Class II provisional airworthiness certificates.
(a) Except as provided in § 21.225, an applicant is entitled to a Class II provisional airworthiness certificate for an aircraft for which a Class II provisional type certificate has been issued if—
(1) He meets the eligibility requirements of § 21.213 and he complies with this section; and
(2) The FAA finds that there is no feature, characteristic, or condition of the aircraft that would make the aircraft unsafe when operated in accordance with the limitations established in §§ 21.83(h), 91.317, and 121.207 of this chapter.
(b) The applicant must show that a Class II provisional type certificate for the aircraft has been issued to the manufacturer.
(c) The applicant must submit a statement by the manufacturer that the aircraft has been manufactured under a quality system adequate to ensure that the aircraft conforms to the type design corresponding with the provisional type certificate.
(d) The applicant must submit a statement that the aircraft has been found by him to be in a safe operating condition under the applicable limitations.
(e) The aircraft must be flown at least five hours by the manufacturer.
(f) The aircraft must be supplied with a provisional aircraft flight manual containing the limitations established by §§ 21.83(h), 91.317, and 121.207 of this chapter.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as amended by Amdt. 21-12, 31 FR 13389, Oct. 15, 1966; Amdt. 21-66, 54 FR 34329, Aug. 18, 1989; Amdt. 21-92, 74 FR 53390, Oct. 16, 2009]
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Oral Exam Questions a DPE Might Ask
Q1What are the basic requirements for an applicant to receive a Class II provisional airworthiness certificate?
Per FAR 21.223, the applicant must meet § 21.213 eligibility, the aircraft must have a Class II provisional type certificate, the FAA must find no unsafe feature when operated under §§ 21.83(h), 91.317, and 121.207, and the manufacturer must provide quality-system and safe-condition statements.
Q2How much flight time must the manufacturer accumulate on the aircraft before a Class II provisional airworthiness certificate is issued?
Under FAR 21.223(e), the aircraft must be flown by the manufacturer for at least five hours before the certificate can be issued.
Q3What documentation must accompany an aircraft issued a Class II provisional airworthiness certificate?
FAR 21.223(f) requires the aircraft to be supplied with a provisional aircraft flight manual that contains the operating limitations established by §§ 21.83(h), 91.317, and 121.207.
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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