FAR 21.81 — Class I Provisional Type Certificates
FAR 21.81 sets the requirements for issuing or amending a Class I provisional type certificate, including certification, testing, limitations, and 50-hour flight time.
In Plain English
FAR 21.81 lays out what an applicant must do to receive (or amend) a Class I provisional type certificate — a temporary certificate that allows limited operation of an aircraft before it earns a full type certificate.
To qualify, the FAA must find no feature making the aircraft unsafe when flown within the established limitations (and the operating rules in § 91.317). The applicant must:
- Apply for a type certificate or supplemental type certificate for the aircraft.
- Certify that the aircraft was designed and built to the applicable airworthiness requirements, substantially meets flight characteristic requirements, and can be operated safely under the specified limitations.
- Submit a flight test report showing the aircraft has been flown through all maneuvers needed to demonstrate compliance.
- Establish all required operating limitations (weights, speeds, maneuvers, loading, controls, equipment), or set operating restrictions in their place.
- Set up an inspection and maintenance program for continued airworthiness.
- Show the prototype has flown at least 50 hours under an experimental certificate (§§ 21.191–21.195) or under the U.S. Armed Forces. The FAA may reduce this for amendments.
This matters because provisional certificates let manufacturers conduct demonstrations and limited operations while the full type certificate is still being finalized.
Regulation Text
14 CFR § 21.81§ 21.81 Requirements for issue and amendment of Class I provisional type certificates.
(a) An applicant is entitled to the issue or amendment of a Class I provisional type certificate if he shows compliance with this section and the FAA finds that there is no feature, characteristic, or condition that would make the aircraft unsafe when operated in accordance with the limitations established in paragraph (e) of this section and in § 91.317 of this chapter.
(b) The applicant must apply for the issue of a type or supplemental type certificate for the aircraft.
(c) The applicant must certify that—
(1) The aircraft has been designed and constructed in accordance with the airworthiness requirements applicable to the issue of the type or supplemental type certificate applied for;
(2) The aircraft substantially meets the applicable flight characteristic requirements for the type or supplemental type certificate applied for; and
(3) The aircraft can be operated safely under the appropriate operating limitations specified in paragraph (a) of this section.
(d) The applicant must submit a report showing that the aircraft had been flown in all maneuvers necessary to show compliance with the flight requirements for the issue of the type or supplemental type certificate applied for, and to establish that the aircraft can be operated safely in accordance with the limitations contained in this subchapter.
(e) The applicant must establish all limitations required for the issue of the type or supplemental type certificate applied for, including limitations on weights, speeds, flight maneuvers, loading, and operation of controls and equipment unless, for each limitation not so established, appropriate operating restrictions are established for the aircraft.
(f) The applicant must establish an inspection and maintenance program for the continued airworthiness of the aircraft.
(g) The applicant must show that a prototype aircraft has been flown for at least 50 hours under an experimental certificate issued under §§ 21.191 through 21.195, or under the auspices of an Armed Force of the United States. However, in the case of an amendment to a provisional type certificate, the FAA may reduce the number of required flight hours.
[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as amended by Amdt. 21-66, 54 FR 34329, Aug. 18, 1989]
Oral Exam Questions a DPE Might Ask
Q1What is a Class I provisional type certificate, and what must an applicant show to get one?
Per FAR 21.81, it's a temporary certificate allowing limited operation before full type certification. The applicant must show the aircraft has no unsafe features when operated within established limitations and § 91.317.
Q2How many flight hours must the prototype aircraft have before a Class I provisional type certificate can be issued?
FAR 21.81(g) requires at least 50 hours under an experimental certificate (§§ 21.191–21.195) or under a U.S. Armed Force, though the FAA may reduce this for an amendment.
Q3What must the applicant certify regarding the aircraft's design and operation under FAR 21.81?
Under FAR 21.81(c), the applicant must certify the aircraft was designed and built to applicable airworthiness requirements, substantially meets flight characteristic requirements, and can be operated safely under the specified limitations.
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Related Sections in Part 21