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Permit to fly

See details on application process below

New EASA responsibility

A Permit to Fly is generally issued when a certificate of airworthiness is temporarily invalid, for example as the result of a damage, or when a certificate of airworthiness cannot be issued for instance when the aircraft does not comply with the essential requirements for airworthiness or when compliance with those requirements has not yet been shown, but the aircraft is nevertheless capable of performing a safe flight.

Starting on 29 March 2007, EASA is responsible for the approval of the flight conditions on the basis of which a permit to fly can be issued by the Competent Authority of the Member State of Registry, or of the Member State prescribing the identification marks.

The Agency approves the Flight Conditions in cases related to the safety of the design, defined as follows:

  1. the aircraft does not conform to an approved design; or
  2. an Airworthiness Limitation, a Certification Maintenance Requirement or an Airworthiness Directive has not been complied with; or
  3. the intended flight(s) are outside the approved envelope.

Aircraft affected

This new Agency responsibility is exercised for aircraft registered in the EU Member States, Iceland, Lichtenstein, Norway and Switzerland, for which a permit to fly is required, except for the aircraft excluded by the Annex II of the Basic Regulation 1592/2002, or by its Article 1.2 (products engaged in military, customs, police or similar services).

Cases where the Agency is not involved

When the approval of flight conditions is not related to the safety of the design, the Agency is not involved, but only the Competent Authority of the Member State of Registry, or of the Member State prescribing the identification marks. Examples of such conditions are:

  1. production flight testing for the purpose of conformity establishment;
  2. delivery/export flight of a new aircraft the design of which is approved;
  3. demonstrating continuing conformity with the standard previously accepted by the Agency for the aircraft or type of aircraft to qualify or re-qualify for a (restricted -) certificate of airworthiness.

Applicable regulations and procedures

An amendment to the Regulation (EC) 1702/2003 has been developed and approved by the European Commission, to prescribe the applicable implementing rules. It has been published on 4 April 2007 in the Official Journal of the European Union, and entered into force on 5 April 2007.See also the associated change to Regulation (EC) 2042/2003 . Acceptable means of compliance and guidance material have been published simultaneously by the Agency, in Decision 2007/06/R.

The new regulation includes the possibility, for appropriately approved organisations (DOA and POA), to have the privileges to approve the flight conditions and issue the permit to fly, under certain conditions.

DOA
DOA can apply for an extension of their privileges with an EASA Form 82 and

POA
POA can apply for an extension of their privileges to their Competent Authority. Please contact the relevant National Aviation Authority, or EASA for POA it has issued, for further detail

In the absence of privileges, an applicant has to follow the following process to obtain a permit to fly:

  1. Send an application form to EASA in order to get an EASA approval of the flight conditions proposed to support the issue of a permit to fly by the Member State of Registry, or by the Member State prescribing the identification marks: EASA form 37

    Important advise The EASA form 37 includes also the Approval Form 18b as

    In order to ensure a fast processing of your application for approval of flight conditions for a permit to fly, it is highly recommended to completely and correctly fill in both the Form 37 and the Form 18b. Form 18b may be provided at a later stage, however, an approval of flight conditions cannot be issued before all forms have been filled in by the applicant and provided to the Agency in time. In order to ensure a fast processing of your application it is highly recommended to send the application forms in electronic form either by E-mail or by Fax which is redirected to the E-mail Inbox.
    Both the E-mail address and the Fax number are stated on the application Form 37.

  2. Simultaneously or following EASA approval, send an application for a permit to fly to the Competent Authority of the Member State of Registry, or of the Member State prescribing the identification marks, together with the EASA Form 18B approved by the Agency, using EASA Form 21 or any acceptable form prescribed by that Competent Authority. Please contact the relevant National Aviation Authority for further details.