Narrative:

Given a company authority/authorized ferry permit from ord to hon, sd, for navigation lights being inoperative for a night flight to make repairs. After discussion with my first officer, we had concerns as to the legality of a ferry flight at night with no navigation lights and whether the ferry flight authority/authorized relieved us of the far requirement for them to be operating. We found nothing in writing in far part 91 or part 121 that specifically states if this ferry authority/authorized is a relief of the regulations. We then contacted our director of operations and director of maintenance and were informed that the ferry authority/authorized does relieve you of the regulation (far) requirement. We still had doubts as to the legality of the flight, so my first officer made a personal call to our poi who informed us that he was not entirely sure and did not have a 'yes' or 'no' answer. After reviewing the WX and our remaining lights on the aircraft, we felt we had exhausted all of our resources of information gathering and flew the flight from ord to hon without incident. I do feel that the ferry flight authority/authorized needs to be defined in the FARS as to if it only relieves the operator of the equipment that is broke or if it also relieves the operator of the far requirement(south) related to that broken equipment.

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Original NASA ASRS Text

Title: FLC OF AN EMBRAER EMB120 OPERATED THE ACFT ON A FERRY FLT AT NIGHT WITH THE NAV LIGHTS INOP. RPTR STATES THAT THE FERRY PERMIT DID NOT HAVE A DAYLIGHT HRS ONLY RESTR.

Narrative: GIVEN A COMPANY AUTH FERRY PERMIT FROM ORD TO HON, SD, FOR NAV LIGHTS BEING INOP FOR A NIGHT FLT TO MAKE REPAIRS. AFTER DISCUSSION WITH MY FO, WE HAD CONCERNS AS TO THE LEGALITY OF A FERRY FLT AT NIGHT WITH NO NAV LIGHTS AND WHETHER THE FERRY FLT AUTH RELIEVED US OF THE FAR REQUIREMENT FOR THEM TO BE OPERATING. WE FOUND NOTHING IN WRITING IN FAR PART 91 OR PART 121 THAT SPECIFICALLY STATES IF THIS FERRY AUTH IS A RELIEF OF THE REGS. WE THEN CONTACTED OUR DIRECTOR OF OPS AND DIRECTOR OF MAINT AND WERE INFORMED THAT THE FERRY AUTH DOES RELIEVE YOU OF THE REG (FAR) REQUIREMENT. WE STILL HAD DOUBTS AS TO THE LEGALITY OF THE FLT, SO MY FO MADE A PERSONAL CALL TO OUR POI WHO INFORMED US THAT HE WAS NOT ENTIRELY SURE AND DID NOT HAVE A 'YES' OR 'NO' ANSWER. AFTER REVIEWING THE WX AND OUR REMAINING LIGHTS ON THE ACFT, WE FELT WE HAD EXHAUSTED ALL OF OUR RESOURCES OF INFO GATHERING AND FLEW THE FLT FROM ORD TO HON WITHOUT INCIDENT. I DO FEEL THAT THE FERRY FLT AUTH NEEDS TO BE DEFINED IN THE FARS AS TO IF IT ONLY RELIEVES THE OPERATOR OF THE EQUIP THAT IS BROKE OR IF IT ALSO RELIEVES THE OPERATOR OF THE FAR REQUIREMENT(S) RELATED TO THAT BROKEN EQUIP.

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.