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:
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 , or by its Article 1.2 (products engaged in military, customs, police or similar services).
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:
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
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 EASA 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 EASA Form 37.