Provisional Airworthiness Certification

General

Under the provisions of FAR 21, Subpart I, provisional airworthiness certification can be issued for two classes:

- Class I certificates may be issued for all categories.

- Class II certificates are issued for transport category aircraft only.

In each case, a corresponding provisional Type Certificate (TC) or provisional amendment to the TC must be in effect to be eligible for a corresponding provisional airworthiness certificate.

Eligibility

Only a U.S. aircraft manufacturer, aircraft engine manufacturer, or certificated air carrier may apply for provisional airworthiness certification. Because the aircraft normally is one that is being used in the type certification process, the FAA will be familiar with its progress and conformity status.

Therefore, upon determination that the application and attachments are satisfactory, inspection of the aircraft is necessary only to the extent required to determine that it is in a condition for safe operation when operated within its operating limitations.

Special Purpose Operations

Provisional airworthiness certification special purpose operations for which aircraft may be operated are contained in FAR 91.317.

These operations include -

- Training flightcrew members, including simulated air carrier operations;

- Demonstration flights by the manufacturer for prospective purchasers;

- Market surveys by the manufacturer;

- Flight checking of instruments, accessories, and equipment that does not affect the basic airworthiness of the aircraft; and

- Service testing of aircraft.

Statement of Conformity

A properly completed Form 8130-9 containing the information required by FAR's 21.221 and 21.223 may be used by the manufacturer as its conformity statement and should be attached to application Form 8130-6.

Special Airworthiness Certificate, Form 8130-7

Upon determination that the aircraft conforms to its provisional TC or provisional amendment to a TC and that it is in a condition for safe operation, the FAA will issue Form 8130-7.

The issuance of a provisional airworthiness certificate, corresponding to a provisional amendment to a TC in accordance with FAR 21.225, is considered to be an original issuance in the provisional category.

Operating Limitations

Operating limitations established for the issuance of a provisional TC or provisional amendment to a TC are considered to be a part of the provisional airworthiness certificate issued to an individual aircraft. The FAA will ensure that these operatinglimitations are available in the aircraft in compliance with FAR 91.9.

Limitations and restrictions as required by FAR 91.317, and which are not included in placards or the provisional flight manual, must be enumerated on a separate sheet and displayed with the provisional airworthiness certificate.

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