Document ID: chunk:federal_register_of_legislation:F2005B00838:body:0:p2
Version: federal_register_of_legislation:F2005B00838
Segment Type: other
Provision Reference: 
Character Range: 2648–5536

Where a defective aeroplane's flight manual or operations manual does not contain restrictions, procedures or limitations relating to ferry flights other than those specified in paragraphs 4.1 and 4.3, then the aeroplane must not undertake a ferry flight or a flight under paragraph 4.4.
4 CONDITIONS RELATING TO FLIGHT
4.1 Subject to paragraphs 4.2, 4.3, 4.4 and 4.5, a defective aeroplane may undertake a ferry flight only if:
         (a) the aeroplane is capable of complying with the weight and performance limitations set out in section 20.7.1B of the Civil Aviation Orders; and
         (b) where the aeroplane is propeller-driven — the propeller on the inoperative engine is feathered or removed; and
         (c) the aeroplane does not carry any persons other than essential flight crew and does not carry any cargo, being cargo carried for hire or reward; and
         (d) the aeroplane:
 (i) takes-off; and
 (ii) makes its approach from 1 500 feet above aerodrome level; and
 (iii) lands;
          in visual meteorological conditions;
         (e) the ferry flight is planned so that the aeroplane does not arrive at the destination aerodrome during a period that would require the aeroplane to carry traffic holding fuel; and
         (f) the particulars specified in subparagraphs (c) to (e) (inclusive) are included in the aeroplane's operations manual and the particulars specified in subparagraphs (a) and (b) are, where applicable, also included in that manual.
4.2 For the purpose of determining whether a defective aeroplane is capable of complying with subparagraph 4.1 (a);
         (a) a 4 engined defective aeroplane is to be taken to be a 3 engined aeroplane; and
         (b) a 3 engined defective aeroplane is to be taken to be a 2 engined aeroplane.
4.3 Where a defective aeroplane is not capable of complying with subparagraph 4.1 (a), the aeroplane may undertake a ferry flight only if:
         (a) it complies with subparagraphs 4.1 (b), (c), (d) and (e); and
         (b) it takes-off during daylight hours without a tail wind; and
         (c) it takes-off from a dry runway (unless procedures approved by CASA for engine-inoperative take-offs from wet runways are included in the aeroplane's flight manual or operations manual and the take-off is undertaken in accordance with those procedures); and
         (d) its initial climb does not take place over a populous area, over an industrial area or over any industrial plant; and
         (e) the ferry flight is not conducted in icing conditions; and
         (f) the particulars specified in subparagraphs (a) to (e) (inclusive) are included in the aeroplane's operations manual.
4.4 Where a defective aeroplane is to take-off from a place that is not a licensed aerodrome, CASA may approve a flight by the aeroplane if it is satisfied that the aeroplane will comply with an operational specification