{"id":"F2005B00838","name":"Civil Aviation Amendment Order (No. R27) 2004 - Civil Aviation Order 29.8 - Ferry flight of aeroplanes with 1 engine inoperative (02/12/2004)","slug":"civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32244,"registerId":"commonwealth-F2005B00838-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation Amendment Order (No. R27) 2004 - Civil Aviation Order 29.8 - Ferry flight of aeroplanes with 1 engine inoperative (02/12/2004)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: Civil Aviation\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n \n\n \n\n \n\nCivil Aviation Amendment Order\n\n(No. R27) 2004\n\n \n\n \n\nI, WILLIAM BRUCE BYRON, Director of Aviation Safety, on behalf of CASA, issue the following Civil Aviation Order under regulation 37 of the Civil Aviation Regulations 1988.\n\n \n\n \n\n \n\n[Signed Bruce Byron]\n\n \n\n \n\nBruce Byron\n\nDirector of Aviation Safety and\n\n   Chief Executive Officer\n\n \n\n2 December 2004\n\n \n\n__________________\n\n \n\n1 Name of Order\n\n  This Order is the Civil Aviation Amendment Order (No. R27) 2004.\n\n2 Commencement\n\n  This Order commences on gazettal.\n\n3                       Replacement of section 29.8 of the Civil Aviation Orders\n\n  Section 29.8 of the Civil Aviation Orders is omitted and a new section substituted as set out in Schedule 1.\n\nSchedule 1 Substitution of section 29.8 of the Civil Aviation Orders\n\n \n\n \n\nSECTION 29.8\n\nFERRY FLIGHT OF AEROPLANES WITH 1 ENGINE INOPERATIVE\n\n1 PERMISSIBLE UNSERVICEABILITY\n\n1.1 Subject to this section, a defect set out in the following table in relation to the class of aircraft specified opposite the defect is approved as a permissible unserviceability:\n\nTABLE\n\n| Defect | Class of aircraft |\n| --- | --- |\n| 1. 1 engine inoperative | 4 engined aeroplane |\n| 2. 1 engine inoperative | 3 engined aeroplane |\n\n\n \n\n1.2 The use of an aeroplane included in a class of aircraft referred to in the table in paragraph 1.1 that has a defect of a kind referred to in that table opposite the relevant class is subject to the conditions set out in subsections 3, 4 and 5.\n\n2 INTERPRETATION\n\n2.1 In this section:\n\ndefective aeroplane means an aeroplane included in a class of aircraft referred to in the table in paragraph 1.1 that has a defect of a kind referred to in that table opposite the relevant class.\n\nferry flight means a flight conducted solely for the purpose of moving a defective aeroplane from a licensed aerodrome to another licensed aerodrome so that the aeroplane’s inoperative engine can be repaired or replaced.\n\n3 GENERAL CONDITIONS\n\n3.1 A defective aeroplane must be used only for the purpose of undertaking a ferry flight or a flight under paragraph 4.4.\n\n3.2 Subject to this section, a defective aeroplane must not undertake a ferry flight or a flight under paragraph 4.4 except in accordance with:\n\n (a) the restrictions, procedures and limitations relating to ferry flights that are:\n\n (i) specified in the aeroplane’s flight manual; or\n\n (ii) approved by CASA and included in the aeroplane’s operations manual;\n\n  being restrictions, procedures and limitations that are not inconsistent with this section; and\n\n (b) any limitations relating to ferry flights that are specified in the aeroplane’s certificate of airworthiness.\n\n3.3 Where a defective aeroplane’s flight manual or operations manual does not contain restrictions, procedures or limitations relating to ferry flights other than those specified in paragraphs 4.1 and 4.3, then the aeroplane must not undertake a ferry flight or a flight under paragraph 4.4.\n\n4 CONDITIONS RELATING TO FLIGHT\n\n4.1 Subject to paragraphs 4.2, 4.3, 4.4 and 4.5, a defective aeroplane may undertake a ferry flight only if:\n\n (a) the aeroplane is capable of complying with the weight and performance limitations set out in section 20.7.1B of the Civil Aviation Orders; and\n\n (b) where the aeroplane is propeller-driven — the propeller on the inoperative engine is feathered or removed; and\n\n (c) the aeroplane does not carry any persons other than essential flight crew and does not carry any cargo, being cargo carried for hire or reward; and\n\n (d) the aeroplane:\n\n (i) takes-off; and\n\n (ii) makes its approach from 1 500 feet above aerodrome level; and\n\n (iii) lands;\n\n  in visual meteorological conditions;\n\n (e) the ferry flight is planned so that the aeroplane does not arrive at the destination aerodrome during a period that would require the aeroplane to carry traffic holding fuel; and\n\n (f) the particulars specified in subparagraphs (c) to (e) (inclusive) are included in the aeroplane’s operations manual and the particulars specified in subparagraphs (a) and (b) are, where applicable, also included in that manual.\n\n4.2 For the purpose of determining whether a defective aeroplane is capable of complying with subparagraph 4.1 (a);\n\n (a) a 4 engined defective aeroplane is to be taken to be a 3 engined aeroplane; and\n\n (b) a 3 engined defective aeroplane is to be taken to be a 2 engined aeroplane.\n\n4.3 Where a defective aeroplane is not capable of complying with subparagraph 4.1 (a), the aeroplane may undertake a ferry flight only if:\n\n (a) it complies with subparagraphs 4.1 (b), (c), (d) and (e); and\n\n (b) it takes-off during daylight hours without a tail wind; and\n\n (c) it takes-off from a dry runway (unless procedures approved by CASA for engine-inoperative take-offs from wet runways are included in the aeroplane’s flight manual or operations manual and the take-off is undertaken in accordance with those procedures); and\n\n (d) its initial climb does not take place over a populous area, over an industrial area or over any industrial plant; and\n\n (e) the ferry flight is not conducted in icing conditions; and\n\n (f) the particulars specified in subparagraphs (a) to (e) (inclusive) are included in the aeroplane’s operations manual.\n\n4.4 Where a defective aeroplane is to take-off from a place that is not a licensed aerodrome, CASA may approve a flight by the aeroplane if it is satisfied that the aeroplane will comply with an operational specification determined by CASA concerning the conduct of the flight.\n\n4.5 A flight under paragraph 4.4 must be conducted only for the purpose of moving a defective aeroplane from a place that is not a licensed aerodrome to a licensed aerodrome so that the aeroplane’s inoperative engine can be repaired or replaced.\n\n5 CONDITIONS RELATING TO TRAINING AND RECENT EXPERIENCE\n\n5.1 A defective aeroplane must not be used to undertake a ferry flight or a flight under paragraph 4.4 unless the flight crew members for the flight meet the ferry flight training requirements set out in this section and in the aeroplane’s flight manual or operations manual.\n\n5.2 A defective aeroplane must not be used to undertake a ferry flight or a flight under paragraph 4.4 unless:\n\n (a) the pilot in command is the company check pilot or a pilot approved by CASA; and\n\n (b) the other flight crew members have extensive experience on an aeroplane that is of the same type as the defective aeroplane; and\n\n (c) the flight crew members have, within the 6 months immediately before the day of the proposed ferry flight or the proposed flight under paragraph 4.4, as the case may be, demonstrated to the satisfaction of the operator their ability to handle all manoeuvres associated with a ferry flight.\n\n5.3 The training referred to in paragraph 5.1 and the demonstration referred to in subparagraph 5.2 (c) may be conducted in an approved flight simulator of Level 4 or higher.\n\n5.4 When undertaking training for the ferrying of a propeller-driven defective aeroplane, the feathered position of the propeller is to be simulated by the application of sufficient power to produce zero thrust.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Order expressly substitutes section 29.8, replacing the prior text. The new section defines the permitted scope for ferrying 3‑ and 4‑engine aeroplanes with one engine inoperative and adds detailed operational, manual‑documentation, crew training/recency and CASA‑approval conditions (see ss.1–5)."},"complexity_factors":["Multiple layered conditions for flightworthiness and operations (ss.3 and 4) — several alternative paths depending on whether aircraft meets weight/performance limits (s.4.1 vs s.4.3).","Cross-reference to another Order for weight/performance limits (s.4.1(a) refers to section 20.7.1B), requiring users to consult separate material.","Regulatory discretion for non‑standard departures: CASA may approve take‑offs from unlicensed aerodromes subject to an operational specification (s.4.4), creating case‑by‑case decision points.","Operational constraints affecting commercial activity: prohibition on non‑essential persons and on cargo carried for hire or reward (s.4.1(c)), and limits to avoid traffic‑holding fuel (s.4.1(e)).","Specific safety geography and environment limits for certain ferry flights (daylight, no tailwind, dry runway unless approved procedures exist, no initial climb over populous/industrial areas, no icing) (s.4.3(b)–(e)).","Crew qualification, command approval and recency requirements: pilot‑in‑command must be company check pilot or CASA‑approved; other crew must have extensive type experience and demonstrated ferry manoeuvres within 6 months (s.5.2).","Simulator standards for training and demonstration permitted (Level 4 or higher) and a prescriptive method to simulate feathered propellers (s.5.3–5.4).","Interpretative mapping of engine counts for performance calculations (4‑engine treated as 3‑engine; 3‑engine treated as 2‑engine) which affects performance planning (s.4.2).","Requirement that flight‑manual/operations‑manual or certificate of airworthiness contain relevant ferry limitations and particulars (ss.3.2, 3.3, 4.1(f), 4.3(f)), increasing compliance documentation burden."],"plain_english_summary":"This Order replaces Civil Aviation Order 29.8 and sets out when a 3‑ or 4‑engine aeroplane with one engine inoperative may be ferried to another licensed aerodrome for repair. It imposes operational limits (weight/performance, VMC approach/landing, no fare-paying cargo or non‑essential passengers), training and recency requirements for crew, and gives CASA power to approve departures from unlicensed sites. It matters to operators, pilots and maintenance planners because it conditions who may fly the defective aircraft and under what constraints (see ss.3–5)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward amendment replacing section 29.8 of the Civil Aviation Orders. The scope remains tightly focused on ferry flights with one engine inoperative for 3 and 4 engine aeroplanes, consistent with the original regulatory intent of providing a controlled exception for moving unserviceable aircraft."},"complexity_factors":["Nested conditional logic: Paragraph 4.1 sets baseline requirements, but paragraph 4.2 modifies how performance calculations work, and paragraph 4.3 creates an alternative pathway if 4.1(a) cannot be met, with 6 additional sub-conditions","Cross-references to external documents: References to section 20.7.1B of the Civil Aviation Orders, flight manuals, operations manuals, and certificates of airworthiness","Defined terms section with 2 technical definitions ('defective aeroplane' and 'ferry flight') that are referenced throughout","Multiple exception layers: General conditions (section 3), flight conditions (section 4 with sub-paragraphs 4.1-4.5), and training conditions (section 5) create a three-tier permission structure","Simulator training provisions (paragraph 5.3) introduce additional regulatory concepts (\"Level 4 or higher\" flight simulator)","CASA discretionary powers in paragraphs 4.4 and 5.2(a) create administrative law overlays"],"plain_english_summary":"**What this legislation does:**\n\nThis Order sets out the rules for flying a broken aeroplane with one engine not working — but **only** to move it somewhere for repairs. This is called a \"ferry flight.\"\n\n**Who it affects:**\n\n- **Airlines and operators** of 3-engine or 4-engine aeroplanes\n- **Pilots** who need to move a damaged plane to a repair facility\n- **CASA** (the aviation safety regulator), which approves these special flights\n\n**The key rules:**\n\n- **Only specific planes qualify:** 3-engine or 4-engine aeroplanes with exactly 1 engine broken (not 2-engine planes)\n- **Purpose only:** Moving the plane from one licensed airport to another (or from an unlicensed location to a licensed one with special CASA approval)\n- **Strict conditions apply:**\n  - The broken propeller must be \"feathered\" (turned to reduce drag) or removed\n  - No passengers, no paid cargo — only essential flight crew\n  - Must fly in good weather (visual conditions only)\n  - Must meet weight and performance limits (treating a 4-engine plane as a 3-engine plane, and a 3-engine plane as a 2-engine plane for safety calculations)\n  - If the plane can't meet normal performance limits, extra restrictions kick in: daylight only, no tailwind, dry runway, no flying over populated areas, no ice conditions\n  - The pilot must be specially qualified (company check pilot or CASA-approved) with recent training\n\n**Why it matters:**\n\nNormally, you can't fly a plane with a broken engine — it's considered \"unserviceable.\" This Order creates a narrow exception that lets airlines move damaged aircraft for repairs without breaking the law, but only under tight safety controls to protect people on the ground and in the air."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with","history":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with/history","analysis":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with/analysis","conflicts":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with/conflicts","importantCases":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with/important-cases","documents":"/api/acts/civil-aviation-amendment-order-no-r27-2004-civil-aviation-order-29-8-ferry-flight-of-aeroplanes-with/documents"}}