The Ferry Flight With No Certificate of Airworthiness
The owner of a Piper PA-28 registered 5N-ALX, based at Ilorin, asks you, a PPL holder, to ferry it to Lagos, about 200 nm away, for its annual inspection. The certificate of airworthiness expired 12 days ago and the annual inspection has not been done, so the maintenance release is also out of date, although the engine and instruments appear serviceable and the aircraft flew last week. The owner says the radio licence and insurance renewal are 'in the post', but the insurance certificate on board expired yesterday. He offers to pay for the fuel and a small fee for your time. The weather is fine and the flight would take about 1 hour 40 minutes. The aircraft has been parked outside for three weeks.
1. Can the flight be made as proposed, and what lawful options exist?
Read the worked answer
The flight cannot be made lawfully as proposed. A certificate of airworthiness is the legal foundation for flight; it expired 12 days ago, and no annual inspection or valid maintenance release exists. The aircraft looking serviceable and having flown last week do not create authority.
Two lawful options exist: (1) obtain a special flight (ferry) permit from the NCAA, which authorises a specific flight for maintenance or delivery under stated conditions - no passengers, a specified route, sometimes a restricted flight envelope; or (2) move the aircraft by road. The expired insurance is a separate problem: without cover the flight is financially reckless and may breach permit conditions. The owner's offer of a fee changes nothing; payment would add a commercial element to a flight that is already irregular.
2. Which documents should be on board, and what does the pilot need to check before accepting the aircraft?
Read the worked answer
On board a Nigerian-registered light aircraft on a domestic flight the pilot should be able to produce: certificate of registration; certificate of airworthiness (or the special flight permit); the pilot's licence with a valid medical; the aircraft journey log/technical log with a current maintenance release; the certificate of insurance; the radio station licence; and weight-and-balance data.
The pilot should also have checked the aircraft documents, equipment list and maintenance status before accepting the flight, and carried out a pre-flight inspection - three weeks outside in the open is itself a reason for careful checking of control surfaces, water ingress and insect nests. Carrying documents is not a formality: missing or expired documents are common ramp-inspection findings and may ground the aircraft on the spot. No paperwork on board cures an expired C of A.
3. Who is responsible if the flight goes ahead and something happens?
Read the worked answer
The pilot in command carries the legal responsibility for accepting the aircraft. The owner's assurances, the fee and the aircraft's recent flight are not defences. Before flight the PIC must satisfy himself that the aircraft is airworthy, that the maintenance release is valid and that the documents are in order; if not, he must refuse.
Pressure from an owner is a classic accident precursor, and a pilot who yields is exposed on four fronts: NCAA enforcement, insurance repudiation, personal liability for passengers, and possible prosecution if an accident follows. The professional answer is a written note to the owner: 'aircraft not airworthy for flight; ferry permit or road transport required'. That protects the pilot and puts the decision where it belongs.