Ferrying a Cessna 172 with an Expired Certificate of Airworthiness
A Lagos-based owner operates a 1979 Cessna 172, registered 5N-ABC, privately. The aircraft's Certificate of Airworthiness expired 45 days ago and the last maintenance release was signed 13 months ago. The owner wants to fly the aircraft from Lagos to Ilorin for a 100-hour inspection and repairs. An AMO at Ilorin says it can issue a maintenance release when the aircraft arrives. The owner proposes to carry his mechanic in the right seat and to pay the pilot, a PPL holder, a small fee for the ferry flight. The aircraft insurance policy lists private pleasure and business use only and excludes flights when the C of A is invalid. The owner asks whether he can simply file a flight plan and go, or whether NCAA must issue something. He also asks if the mechanic can be carried as a passenger.
1. What regulatory approvals are required before the aircraft can be ferried to Ilorin?
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The aircraft cannot be ferried on the strength of an expired C of A and expired maintenance release. The owner must apply to NCAA for a special flight permit or ferry-flight authorisation. The application should identify the aircraft, the defect or reason for the ferry, the proposed route, the crew, the maintenance organisation at destination, and the operational limitations proposed. NCAA will specify conditions such as: no passengers, day VFR only, specific route and altitude, no commercial use, and a time limit. The AMO at Ilorin must be prepared to receive and inspect the aircraft and issue a maintenance release after the required inspection. The pilot must hold the appropriate licence and rating and a valid medical. The owner should also notify the insurer and obtain written confirmation that the ferry flight is covered; otherwise the flight may be uninsured.
2. Can the mechanic be carried in the right seat, and can the PPL pilot be paid?
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The mechanic should not be carried as a passenger. A ferry permit normally permits only essential crew. If the mechanic is required to observe or assist with the ferry, the operator must declare that role in the permit application and obtain NCAA approval. Carrying him as a passenger would breach the ferry authorisation and the insurance conditions. The PPL pilot also cannot be paid for the flight if the operation remains a private flight; payment for piloting would amount to flying for reward and would require a commercial licence and an AOC. If the owner wants to pay a pilot, the flight must be structured as a commercial operation with the correct licences and approvals, which is unlikely for a ferry flight. The safest course is to use a qualified pilot who accepts the flight on a private, non-reward basis, with the mechanic listed as essential crew only if approved.
3. What documents should be on board, and what are the consequences of departing without approval?
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On board should be: the special flight permit or NCAA authorisation; the aircraft registration certificate; the expired C of A and maintenance release, clearly marked as expired; the ferry permit conditions; the pilot's licence and medical; the aircraft radio licence; the insurance certificate or written confirmation; the weight and balance schedule; and the aircraft flight manual. Without approval, the flight would be an unairworthy operation: the C of A would remain invalid, insurance would likely be void, and the pilot and owner could face enforcement action, licence suspension, and liability for any damage or injury. NCAA could also detain the aircraft. The correct sequence is: apply for the ferry permit, confirm insurance, brief the pilot on the permit conditions, and ensure the destination AMO is ready to inspect and release the aircraft.