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Old 05-03-2021, 09:13 PM
  #5  
JohnBurke
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 5,925
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When a MEL is not provided and a master MEL for the aircraft type is not available, then the only means of amending the aircraft "in a manner acceptable to the administrator" for a Part 91 ferry, is 14 CFR 91.213.

https://www.ecfr.gov/cgi-bin/text-id..._1213&rgn=div8

You'll still need the require applicable minimum equipment for VFR or IFR, night, etc, and mechanic discrepancies may require the use of a special flight authorization ("ferry permit"). A ferry permit comes with specific conditions which must also be adhered.

it's worth noting that all of this is basic information that every student pilot and every private pilot is required to now.

So far as "Part 91" flying, you're always under Part 91. Additional regulations such as Part 121 or 123 add to, or in some cases modify certain basic requirements, but everyone is operating under Parts 61 (for the pilots) and 91 (for the aircraft and operation). When someone says a "Part 91 ferry," what they're implying is that it won't be conducted under other regulations. Other regulations do apply, however. An airplane under a ferry permit may be exempt from a number of requirements, and often aircraft that are being ferried are in deplorable condition. The special authorization permit is permission to operate outside of the typical constraints to the extend allowed by the permit.

You'll need to ensure that the airworthiness and registration are applicable...not just leftover from a prior operator, and that the operating manual is one applicable to that aircraft (not just a similar manual placed on board). There may be maintenance discrepancies that must be attended: you'll need to determine that open discrepancies have been addressed, and that all the applicable maintenance items are done, including the paperwork. You may be doing this for your company, who is supposed to provide some of this oversight, but on a strictly Part 91 flight, it falls on your shoulders, and you're responsible, as is the owner/operator. You share that jointly.

Aircraft on a ferry permit may have restrictions regarding flight over populated areas, as well as performance restrictions (altitude, airspeed configuration, etc), limitations on ice, weather, instrument conditions, etc. Ensure that any paperwork addressing discrepancies covers the correct problems. I have seen situations in which a ferry was to be conducted with a special flight authorization for one condition, but that wasn't the correct condition. Because a different status existed, the special flight permit wasn't valid, and operating that aircraft would be illegal.

Your original question covered only documentation; I limited my response to that. However, there is a lot more one might look for on a simple ferry flight. This is especially true of an airframe that is unknown to the individual, or the maintenance history is not a known quantity. Don't take anything for granted. Occasionally aircraft to be ferried are in top condition; new deliveries from the factory, for example (though those can hold some nasty surprises, too). In many cases, aircraft being ferried, especially under a ferry permit, are far from okay, and one should watch very carefully for the hidden, unintended, or things below the surface. Aircraft on special flight permits get away with a lot; including single plot in multi pilot aircraft in some cases. Whereas an aircraft with a discrepancy must be "altered in a manner acceptable to the administrator" with an MEL or via 91.213, a ferry permit is an entirely different animal. It's all about a blanket authorization to operate the aircraft in a non-compliant condition (out of annual, lacking registration, maintenance issues, condition outside of normal MEL categories, etc), typically a one-time authorization to move the aircraft to a location where work can be performed.

Caveat emptor: buyer beware. Ferry flights: caveat nauclerus. Pilot beware.
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