(a) No person may operate a provisionally certificated civil aircraft
unless that person is eligible for a provisional airworthiness certificate
under §21.213 of this chapter.
(b) No person may operate a provisionally certificated civil aircraft
outside the United States unless that person has specific authority to do
so from the Administrator and each foreign country involved.
(c) Unless otherwise authorized by the Director, Flight Standards
Service, no person may operate a provisionally certificated civil aircraft
in air transportation.
(d) Unless otherwise authorized by the Administrator, no person may
operate a provisionally certificated civil aircraft except --
(1) In direct conjunction with the type or supplemental type
certification of that aircraft;
(2) For training flight crews, including simulated air carrier
operations;
(3) Demonstration flight by the manufacturer for prospective
purchasers;
(4) Market surveys by the manufacturer;
(5) Flight checking of instruments, accessories, and equipment that do
not affect the basic airworthiness of the aircraft; or
(6) Service testing of the aircraft.
(e) Each person operating a provisionally certificated civil aircraft
shall operate within the prescribed limitations displayed in the aircraft
or set forth in the provisional aircraft flight manual or other
appropriate document. However, when operating in direct conjunction with
the type or supplemental type certification of the aircraft, that person
shall operate under the experimental aircraft limitations of §21.191 of
this chapter and when flight testing, shall operate under the requirements
of §91.305 of this part.
(f) Each person operating a provisionally certificated civil aircraft
shall establish approved procedures for --
(1) The use and guidance of flight and ground personnel in operating
under this section; and
(2) Operating in and out of airports where takeoffs or approaches over
populated areas are necessary. No person may operate that aircraft except
in compliance with the approved procedures.
(g) Each person operating a provisionally certificated civil aircraft
shall ensure that each flight crewmember is properly certificated and has
adequate knowledge of, and familiarity with, the aircraft and procedures
to be used by that crewmember.
(h) Each person operating a provisionally certificated civil aircraft
shall maintain it as required by applicable regulations and as may be
specially prescribed by the Administrator.
(i) Whenever the manufacturer, or the Administrator, determines that a
change in design, construction, or operation is necessary to ensure safe
operation, no person may operate a provisionally certificated civil
aircraft until that change has been made and approved. Section 21.99 of
this chapter applies to operations under this section.
(j) Each person operating a provisionally certificated civil aircraft
--
(1) May carry in that aircraft only persons who have a proper interest
in the operations allowed by this section or who are specifically
authorized by both the manufacturer and the Administrator; and
(2) Shall advise each person carried that the aircraft is provisionally
certificated.
(k) The Administrator may prescribe additional limitations or
procedures that the Administrator considers necessary, including
limitations on the number of persons who may be carried in the aircraft.
(Approved by the Office of Management and Budget under control
number 2120-0005)