Narrative:

On sep/xa/98 I flew to jonesboro, ak, to pick up a C425 that had landed the previous friday by another pilot. The pilot declared an emergency being that he had a hydraulic flow problem and was on an IFR flight plan. Work was done on the plane by FBO. FBO did not sign a return to service because the nitrogen blow down bottle was not yet charged. He explained that I 'might' need a ferry permit to be legal. I called the FAA office in little rock at XA47 to obtain a ferry permit. The secretary told me that 'all' of the FAA people had left and that they would not be back before XC00 or shortly after. After a good discussion with FBO about the 'safety of the flight' I made the decision to fly the aircraft to alton, il, with the landing gear down. I did so shortly after XB00 on sep/xa/98. I contacted center and obtained flight following all the way to my destination. My primary goal was to deliver an aircraft safely to the destination for repair. I was being followed by a single engine C210 that was to give me a ride home from alton, il. I did not want to fly over the arkansas mountains at night in a single engine airplane, and I really did not believe that a ferry permit was required for the flight. To me it was like flying an airplane with no freon in the air conditioner. I thought it was the responsibility of the pilot to determine the safety of flight, and this, along with the desire to fly a single engine aircraft over the mountains during the daylight hours, led to my decision to fly the aircraft. In no way was safety compromised, and to this date, I am not sure whether a permit was required for the flight. Rules like these are gray in nature, and it is difficult for pilots like myself to interpretation them. I might/should have waited until the FAA representatives got back and obtain a ferry permit via facsimile for the flight. This would have most certainly avoided any controversy. My desire to not fly single engine aircraft at night over mountains was a good decision, but I could have spent the night in alton if necessary. I wish that our laws were such that if a citizen acts in a 'safe and moral' manner, that the laws would be on his or her side, but I am finding that not to be true at all times. I do appreciate this NASA program designed for pilots, and I would be happy to discuss any of the details if you desire. Callback conversation with reporter revealed the following information: reporter stated that the FAA did investigate this matter and as a result did issue a letter of record in his airmen's file for not having a ferry permit on this flight. The letter will be purged from his file in 2 yrs.

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Original NASA ASRS Text

Title: PLT OF A CPR CESSNA TURBOPROP CORSAIR C425 TOOK OFF AND FLEW TO HIS HOME MAINT BASE WHEN THE EMER LNDG GEAR NITROGEN BLOW DOWN BOTTLE WAS EMPTY WITHOUT BENEFIT OF A FERRY PERMIT. THE FBO MECH WHO HAD JUST WORKED ON THE ACFT ADVISED HIM THAT HE WOULD NEED A FERRY PERMIT. IN ADDITION, AFTER HIS FLT THE FAA ALSO SAID THAT HE DID AND ISSUED A LETTER OF RECORD TO HIS AIRMEN'S FILE COVERING THIS INCIDENT.

Narrative: ON SEP/XA/98 I FLEW TO JONESBORO, AK, TO PICK UP A C425 THAT HAD LANDED THE PREVIOUS FRIDAY BY ANOTHER PLT. THE PLT DECLARED AN EMER BEING THAT HE HAD A HYD FLOW PROB AND WAS ON AN IFR FLT PLAN. WORK WAS DONE ON THE PLANE BY FBO. FBO DID NOT SIGN A RETURN TO SVC BECAUSE THE NITROGEN BLOW DOWN BOTTLE WAS NOT YET CHARGED. HE EXPLAINED THAT I 'MIGHT' NEED A FERRY PERMIT TO BE LEGAL. I CALLED THE FAA OFFICE IN LITTLE ROCK AT XA47 TO OBTAIN A FERRY PERMIT. THE SECRETARY TOLD ME THAT 'ALL' OF THE FAA PEOPLE HAD LEFT AND THAT THEY WOULD NOT BE BACK BEFORE XC00 OR SHORTLY AFTER. AFTER A GOOD DISCUSSION WITH FBO ABOUT THE 'SAFETY OF THE FLT' I MADE THE DECISION TO FLY THE ACFT TO ALTON, IL, WITH THE LNDG GEAR DOWN. I DID SO SHORTLY AFTER XB00 ON SEP/XA/98. I CONTACTED CTR AND OBTAINED FLT FOLLOWING ALL THE WAY TO MY DEST. MY PRIMARY GOAL WAS TO DELIVER AN ACFT SAFELY TO THE DEST FOR REPAIR. I WAS BEING FOLLOWED BY A SINGLE ENG C210 THAT WAS TO GIVE ME A RIDE HOME FROM ALTON, IL. I DID NOT WANT TO FLY OVER THE ARKANSAS MOUNTAINS AT NIGHT IN A SINGLE ENG AIRPLANE, AND I REALLY DID NOT BELIEVE THAT A FERRY PERMIT WAS REQUIRED FOR THE FLT. TO ME IT WAS LIKE FLYING AN AIRPLANE WITH NO FREON IN THE AIR CONDITIONER. I THOUGHT IT WAS THE RESPONSIBILITY OF THE PLT TO DETERMINE THE SAFETY OF FLT, AND THIS, ALONG WITH THE DESIRE TO FLY A SINGLE ENG ACFT OVER THE MOUNTAINS DURING THE DAYLIGHT HRS, LED TO MY DECISION TO FLY THE ACFT. IN NO WAY WAS SAFETY COMPROMISED, AND TO THIS DATE, I AM NOT SURE WHETHER A PERMIT WAS REQUIRED FOR THE FLT. RULES LIKE THESE ARE GRAY IN NATURE, AND IT IS DIFFICULT FOR PLTS LIKE MYSELF TO INTERP THEM. I MIGHT/SHOULD HAVE WAITED UNTIL THE FAA REPRESENTATIVES GOT BACK AND OBTAIN A FERRY PERMIT VIA FAX FOR THE FLT. THIS WOULD HAVE MOST CERTAINLY AVOIDED ANY CONTROVERSY. MY DESIRE TO NOT FLY SINGLE ENG ACFT AT NIGHT OVER MOUNTAINS WAS A GOOD DECISION, BUT I COULD HAVE SPENT THE NIGHT IN ALTON IF NECESSARY. I WISH THAT OUR LAWS WERE SUCH THAT IF A CITIZEN ACTS IN A 'SAFE AND MORAL' MANNER, THAT THE LAWS WOULD BE ON HIS OR HER SIDE, BUT I AM FINDING THAT NOT TO BE TRUE AT ALL TIMES. I DO APPRECIATE THIS NASA PROGRAM DESIGNED FOR PLTS, AND I WOULD BE HAPPY TO DISCUSS ANY OF THE DETAILS IF YOU DESIRE. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT THE FAA DID INVESTIGATE THIS MATTER AND AS A RESULT DID ISSUE A LETTER OF RECORD IN HIS AIRMEN'S FILE FOR NOT HAVING A FERRY PERMIT ON THIS FLT. THE LETTER WILL BE PURGED FROM HIS FILE IN 2 YRS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.