Authority to Fly - Validity during a sale

Questions for RAASA

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Roger
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Authority to Fly - Validity during a sale

Unread post by Roger » Wed Nov 04, 2009 10:22 am

Hi there

It was rumoured by a reputable person (MISASA committee or past comm member) that the CAA hauled some individuals over the coals in the last week or two in connection with a ferry flight of an NTCA aircraft in process of being sold. It was suggested that the ATF lapses on sale and implied that they were flying the aircraft illegally.

Whilst under the past regulations this was true, in the current part 24 there is no evidence that the ATF lapses on sale of an aircraft. The sections I have considered is 24.02.6 and 24.02.9 which covers validity and even suggests transferability of the ATF. (IMHO makes more sense as why should an aircraft all of a sudden become unairworthy when it changes ownership? Even TCA follow this route with the CofA remaining valid.)

So questions are:
  • Does any legislation exist that suggests that the ATF expires on ownership change?
  • If answer to above is yes, then at what stage does the CAA or RAASA as ATF administrator, regard ownership changed as I am at a loss as to how they can determine when delivery or the agreement has taken place, when they are not privy to the terms of the sales agreement.
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Re: Authority to Fly - Validity during a sale

Unread post by WILDTHING » Fri Nov 06, 2009 1:38 pm

The ATF lapses once the sale is complete and a new Cert of Registration is issued to the new owner by CAA.
is stated on the actual ATF certificate itself.
The new owner can then apply to RAASA for a new ATF under the new name as recorded on the new Cert of Registration, this will be valid for the balance of the period of the old ATF, or for 365 days if a new annual inspection has been done.
If the sale is pending or any part of the sale has not been finalised i.e. not re-registerd then i see no reason why the aircraft should not be flown on the current/old ATF providing it is still valid.
If there is a new C of R then it cant be flown, deliverd, ferried as the old ATF does not reflect the same information as the C of R, thus invalid.

The transferability refers to the remaining time on the old ATF, this time is still valid untill the next annual inspection is due.
Part 24 does not state that the ATF expires, it does however refer to the conditions or provisions on the ATF certificate.
The lapsing part is stated on the actual ATF certificate itself.
Ownership only changes once the new owner has registerd the aircraft in their name.

Otherwise the new owner may not have paid for the plane yet, or a part of the sale agreement has not been met and this can be considerd as the sale is complete, I dont think so.
Any reasonable person will only consider that the sale is complete once all conditions of the sale agreement have been met and then allow for the new owner to re-register the plane, thus it is now sold and a new ATF has to be applied for.

Pierre.
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Roger
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Re: Authority to Fly - Validity during a sale

Unread post by Roger » Fri Nov 06, 2009 3:36 pm

Thanks Pierre - I accept the timing of 'delivery' or expiry of the ATF based on the new CofR - that makes some sense for now.

The bit that I disagree with is:
The lapsing part is stated on the actual ATF certificate itself.
Is there a legal basis for placing this on the certificate?

If it is the time that can be 'transferred' surely the regs should be more clear in this regard? The regs refer to the ATF which most of us understand to be a particular distinct certificate and not some time value. I would suggest most of us would regard remaining time issued on another new certificate as to being a new ATF and not a transfer.

I would like to petition that the ATF format should be changed so an not to refer to the CofR. (ie follow the same process as a CofA in the TCA world where it does not rely on CofR in the same way). I do not believe any legal amendments would have to be made to make this so.
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