Who can issue a Permit to Fly?
In accordance with Part 21A.711, the competence for issuing a Permit to Fly is assigned to the EASA Member State of Registry of the registered aircraft, or the authority designated by the Member State to prescribe identification marks for an unregistered aircraft, and to Organisations (Design, Production or CAMO / CAO) when appropriately approved to do so under a granted privilege.
For more information, please refer to the Legal framework and Basic Principles as described in the certification working Procedure PR.CAP.00125 and the summary Tables 1. & 2. - Who does what – shown in the Process Charts of this EASA procedure.
When do I need a Permit to Fly?
A Permit to Fly (PtF) may be needed when your aircraft does not meet, or has not yet been shown to meet, the applicable airworthiness requirements and, as a result, cannot hold or be issued a valid Certificate of Airworthiness (CofA) or Restricted CofA, although it is capable of safe flight under defined conditions. In this case, a PtF may be obtained when the aircraft needs to fly for various possible flight purposes, as listed under Part 21.A.701 and related Guidance Material, subject to approval of associated Flight Conditions (FC).
More information on PtF and FC is published on the EASA website and in the EASA procedure PR.CAP.00125. Please click here. You may also wish to read the other FAQ n. 21919.
Also note that the responsible EASA Member State of Registry can also grant an exemption to allow an aircraft to fly without a valid (R)CofA under the provisions of Article 71 of the Basic Regulation (Regulation (EU) 2018/1139), if it finds that the conditions of this article are met.
I want to apply for approval of flight conditions - what do I need to do? I want to apply for Permit to Fly - what do I need to do?
A Permit to Fly (PtF) is generally issued in lieu of a certificate of airworthiness temporarily invalid, or when a certificate of airworthiness cannot be granted, due to non-compliance with the applicable airworthiness requirements but the aircraft is nevertheless capable of performing a safe flight.
The issue of a PtF requires prior approval of associated Flight Conditions (FC), which define the conditions or restrictions necessary for safe operation of the aircraft. The Agency may approve the FC when they are related to the safety of the design of the (non-compliant) aircraft if no other (DOA) Organisation with a relevant “FC” privilege takes the responsibility for this approval.
In this case, please use EASA Form FO.CERT.00037 (with EASA Form 18B in its annex I) to apply for approval of Flight Conditions at EASA. With the approved Flight Conditions (EASA Form 18B) you can apply for a Permit to Fly at the local national aviation authority responsible for the aircraft.
Note: alternatively, a PtF may also be issued based on EASA-approved FC by a CAMO / CAO organisation responsible of the in-service aircraft when holding the "PtF" privilege.
More information on PtF and FC (also for other cases NOT related to the safety of the design) is published on the EASA website and in the EASA procedure PR.CAP.00125. Please click here.