GM to Subpart P

ED Decision 2012/020/R

The process allowing a flight under a permit to fly can be described as follows:

1. Flow-chart 1: overview

2. Flow-chart 2: approval of flight conditions

3. Flow-chart 3: issue of permit to fly

4. Flow-chart 4: changes after first issue of permit to fly

Flow-chart 1: overview

Flow-chart 2: approval of flight conditions

Flow-chart 3: issue of permit to fly

Flow-chart 4: changes after first issue of permit to fly

21.A.701 Scope

Regulation (EU) 2019/897

(a) Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the following purposes:

1. development;

2. showing compliance with regulations or certification specifications;

3. design organisations or production organisations crew training;

4. production flight testing of new production aircraft;

5. flying aircraft under production between production facilities;

6. flying the aircraft for customer acceptance;

7. delivering or exporting the aircraft;

8. flying the aircraft for Authority acceptance;

9. market survey, including customer’s crew training;

10. exhibition and air show;

11. flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage;

12. flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;

13. record breaking, air racing or similar competition;

14. flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found;

15. for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate.

16.  flying an aircraft for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance.

(b) This Subpart establishes the procedure for issuing permits to fly and approving associated flight conditions, and establishes the rights and obligations of the applicants for, and holders of, those permits and approvals of flight conditions.

GM 21.A.701 Scope

ED Decision 2012/020/R

An aircraft registered outside the Member States and used for flight testing by an organisation which has its principle place of business in a Member State, remains under the authority of its state of registry. The Agency or an appropriately approved design organisation can provide, on request, technical assistance to the state of registry for the issue of a permit to fly, or equivalent authorisation, under the state of registry applicable regulations.

GM 21.A.701(a)  Permit to fly when a certificate of airworthiness or a restricted certificate of airworthiness is not appropriate

ED Decision 2019/018/R

A certificate of airworthiness or restricted category certificate of airworthiness may not be appropriate for an individual aircraft or aircraft type when it is not practicable to comply with the normal continued airworthiness requirements and the aircraft is to a design standard that is demonstrated to be capable of safe flight under defined conditions. Point 21.A.701 identifies cases where the issuance of a (restricted) certificate of airworthiness may not be possible or appropriate and this GM provides further information and typical examples for clarification where appropriate: -

Note: This list of examples is not exhaustive

(1) Development:

       testing of new aircraft or modifications

       testing of new concepts of airframe, engine, propeller and equipment;

       testing of new operating techniques;

(2) Demonstration of compliance with regulations or certification specifications:

       certification flight testing for type certification, supplemental type certificates, changes to type certificates or ETSO authorisation;

(3) Design organisations or production organisations crew training:

       Flights for training of crew that will perform design or production flight testing before the design approval or Certificate of Airworthiness (C of A) can be issued.

(4) Production flight testing of new production aircraft:

       For establishing conformity with the approved design, typically this would be the same program for a number of similar aircraft;

(5) Flying aircraft under production between production facilities:

       green aircraft ferry for follow on final production.

(6) Flying the aircraft for customer acceptance:

       Before the aircraft is sold and/or registered.

(7) Delivering or exporting the aircraft:

       Before the aircraft is registered in the State where the C of A will be issued.

(8) Flying the aircraft for Authority acceptance:

       In the case of inspection flight test by the authority before the C of A is issued.

(9) Market survey, including customer’s crew training:

       Flights for the purpose of conducting market survey, sales demonstrations and customer crew training with non type-certificated aircraft or aircraft for which conformity has not yet been established or for non-registered a/c and before the Certificate of Airworthiness is issued.

(10) Exhibition and air show:

       Flying the aircraft to an exhibition or show and participating to the exhibition or show before the design approval is issued or before conformity with the approved design has been shown.

(11) Flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage:

       Ferry flights in cases where maintenance is not performed in accordance with approved programmes, where an AD has not been complied with where certain equipment outside the Master Minimum Equipment List (MMEL) is unserviceable or when the aircraft has sustained damage beyond the applicable limits.

(12) Flying an aircraft at a weight in excess of its maximum certificated take-off weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available:

      Oversees ferry flights with additional fuel capacity.

(13) Record breaking, air racing or similar competition:

       Training flight and positioning flight for this purpose are included

(14) Flying aircraft meeting the applicable certification specifications before conformity to the environmental requirements has been found:

       Flying an aircraft which has been demonstrated to comply with all applicable certification specifications but not with environmental requirements.

(15) For non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate.

       For aircraft which cannot practically meet all applicable certification specifications, such as certain aircraft without TC-holder (‘generically termed orphan aircraft’) or aircraft which have been under national systems of Permit to Fly and have not been demonstrated to meet all applicable requirements. The option of a permit to fly for such an aircraft should only be used if a certificate of airworthiness or restricted certificate of airworthiness cannot be issued due to conditions which our outside the direct control of the aircraft owner, such as the absence of properly certified spare parts.

(16) Flying an aircraft for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance.

      After maintenance, when the diagnosis of the functioning of an aircraft system needs to be made in flight and the design approval holder has not issued instructions to perform this diagnosis within the approved aircraft limitations, the flight should be conducted under a permit to fly. Further guidance is available in subparagraph (b) of GM M.A.301(i) of the AMC and GM to Part-M.

Note: The above listing is of cases when a permit to fly MAY be issued; it does not mean that in the described cases a permit to fly MUST be issued. If other legal means are available to allow the intended flight(s), they can also be used.

21.A.703 Eligibility

Regulation (EU) No 748/2012

(a) Any natural or legal person shall be eligible as an applicant for a permit to fly except for a permit to fly requested for the purpose of point 21.A.701(a)(15) where the applicant shall be the owner.

(b) Any natural or legal person shall be eligible for application for the approval of the flight conditions.

GM 21.A.703  Applicant for a permit to fly

ED Decision 2019/018/R

The applicant for a permit to fly may be a person other than the registered owner of the aircraft. As the holder of this permit will be responsible for ensuring that all the conditions and limitations associated with the permit to fly are continuously satisfied, the applicant for the permit should be a person or organisation suitable for assuming these responsibilities. In particular, the organisations designing, modifying or maintaining the aircraft should normally be the holder of the associated permits to fly.

21.A.707 Application for permit to fly

Regulation (EU) No 748/2012

(a) Pursuant to point 21.A.703 and when the applicant has not been granted the privilege to issue a permit to fly, an application for a permit to fly shall be made to the competent authority in a form and manner established by that authority.

(b) Each application for a permit to fly shall include:

1. the purpose(s) of the flight(s), in accordance with point 21.A.701;

2. the ways in which the aircraft does not comply with the applicable airworthiness requirements;

3. the flight conditions approved in accordance with point 21.A.710.

(c) Where the flight conditions are not approved at the time of application for a permit to fly, an application for approval of the flight conditions shall be made in accordance with point 21.A.709.

GM 21.A.707(b) Application

ED Decision 2012/020/R

EASA Form 21 (see AMC 21.B.520(b)) should be obtained from the competent authority.

21.A.708 Flight conditions

Regulation (EU) 2015/1039

Flight conditions include:

(a) the configuration(s) for which the permit to fly is requested;

(b) any condition or restriction necessary for safe operation of the aircraft, including:

1. the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);

2. any conditions or restrictions put on the flight crew to fly the aircraft, in addition to those defined in Appendix XII to this Annex I (Part 21);

3. the restrictions regarding carriage of persons other than flight crew;

4. the operating limitations, specific procedures or technical conditions to be met;

5. the specific flight test programme (if applicable);

6. the specific continuing airworthiness arrangements including maintenance instructions and regime under which they will be performed;

(c) the substantiation that the aircraft is capable of safe flight under the conditions or restrictions of point (b);

(d) the method used for the control of the aircraft configuration, in order to remain within the established conditions.

GM 21.A.708(b)(6) Continuing airworthiness

ED Decision 2012/020/R

In most cases a simple reference to existing maintenance requirements will suffice for aircraft that have a temporarily invalid C of A.

For other aircraft it will have to be proposed by the applicant as part of the flight conditions. For approved organisations they can be included in their procedures.

GM No 1 to 21.A.708(c) Safe flight

ED Decision 2012/020/R

Safe flight normally means continued safe flight and landing but in some limited cases (e.g. higher risk flight testing) it can mean that the aircraft is able to fly in a manner that will primarily ensure the safety of overflown third parties, the flight crew and, if applicable other occupants.

This definition of ‘safe flight’ should not be interpreted as allowing a test pilot, equipped with a parachute and operating over a sparsely populated area, to set out on a test flight in the full knowledge that there is a high probability of losing the aircraft. The applicant should take reasonable care to minimise safety risks and to be satisfied that there is a reasonable probability that the aircraft will carry out the flight without damage or injury to the aircraft and its occupants or to other property or persons whether in the air or on the ground.

GM No 2 to 21.A.708(c) Substantiations

ED Decision 2012/020/R

The substantiations should include analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform safely a flight.

GM No 3 to 21.A.708(c) Operation of Overweight Aircraft

ED Decision 2012/020/R

This GM provides information and guidance with respect to permit to fly for operating an aircraft in excess of its maximum certificated take-off weight, for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available.

1. GENERAL.

The excess weight that may be authorized for overweight operations should be limited to additional fuel, fuel carrying facilities, and navigational equipment necessary for the flight.

It is recommended that the applicant discuss the proposed flight with the TC holder of the aircraft to determine the availability of technical data on the installation of additional fuel carrying facilities and/or navigational equipment.

2. CRITERIA USED TO DETERMINE THE SAFETY OF ADDITIONAL FACILITIES.

In evaluating the installation of additional facilities, the Agency or the design organisation must find that the changed aircraft is safe for operation. To assist in arriving at such a determination, the following questions are normally considered:

a. Does the technical data include installation drawings, structural substantiating reports, weight, balance, new centre of gravity limits computations, and aircraft performance limitations in sufficient detail to allow a conformity inspection of the aircraft to be made?

b. In what ways does the aircraft not comply with the applicable certification specifications?

c. Are the fuel tanks vented to the outside? Are all areas in which tanks are located ventilated to reduce fire, explosion, and toxicity hazards?

d. Are the tanks even when empty strong enough to withstand the differential pressure at maximum operating altitude for a pressurized aircraft?

e. Have means been provided for determining the fuel quantity in each tank prior to flight?

f. Are shutoff valves, accessible to the pilot, provided for each additional tank to disconnect these tanks from the main fuel system?

g. Are the additional fuel tank filler connections designed to prevent spillage within the aircraft during servicing?

h. Is the engine oil supply and cooling adequate for the extended weight and range?

3. LIMITATIONS.

The following types of limitations may be necessary for safe operation of the aircraft:

a. Revised operational airspeeds for use in the overweight condition.

b. Increased pilot skill requirements.

c. A prescribed sequence for using fuel from various tanks as necessary to keep the aircraft within its centre of gravity range.

d. Notification to the control tower of the overweight take-off condition to permit use of a runway to minimize flight over congested areas.

e. Avoidance of severe turbulence. If encountered, the aircraft should be inspected for damage as soon as possible.

EXAMPLE of operating limitations which may be prescribed as part of the permit to fly:

Aircraft type: xxxxxx  Model: yyyy

Limitations:

1. Maximum weight must not exceed 8 150 pounds.

2. Maximum quantity of fuel carried in auxiliary tanks must not exceed 106 gallons in fwd tank, 164 gallons in centre tank, and 45 gallons in aft tank.

3. Centre of gravity limits must not exceed (fwd) +116.8 and (aft) +124.6.

4. Aerobatics are prohibited.

5. Use of autopilot while in overweight condition is prohibited.

6. Weather conditions with moderate to severe turbulence should be avoided. 

7. When an overweight landing is made or the aircraft has been flown through moderate or severe turbulence while in an overweight condition, the aircraft must be inspected for damage after landing. The inspections performed and the findings must be entered in the aircraft log. The pilot must determine, before the next take-off, that the aircraft is airworthy.

8. When operated in the overweight condition, the cruising speed (Vc) shall not exceed 185 m.p.h. and the maximum speed (Vne) shall not exceed 205 m.p.h.

9. Operation in the overweight condition must be conducted to avoid areas having heavy air traffic, to avoid cities, towns, villages, and congested areas, or any other areas where such flights might create hazardous exposure to person or property on the ground.

GM 21.A.708(d) Control of aircraft configuration

ED Decision 2012/020/R

The applicant should establish a method for the control of any change or repair made to the aircraft, for changes and repairs that do not invalidate the conditions established for the permit to fly.

All other changes should be approved in accordance with 21.A.713 and when necessary a new permit to fly should be issued in accordance with 21.A.711.

21.A.709 Application for approval of flight conditions

Regulation (EU) No 748/2012

(a) Pursuant to point 21.A.707(c) and when the applicant has not been granted the privilege to approve the flight conditions, an application for approval of the flight conditions shall be made:

1. when approval of the flight conditions is related to the safety of the design, to the Agency in a form and manner established by the Agency; or

2. when approval of the flight conditions is not related to the safety of the design, to the competent authority in a form and manner established by that authority.

(b) Each application for approval of the flight conditions shall include:

1. the proposed flight conditions;

2. the documentation supporting these conditions; and

3. a declaration that the aircraft is capable of safe flight under the conditions or restrictions of point 21.A.708(b).

AMC1 21.A.709(b) Application for the approval of flight conditions

ED Decision 2021/001/R

SUBMISSION OF DOCUMENTATION SUPPORTING THE ESTABLISHMENT OF FLIGHT CONDITIONS

The applicant should submit, together with the application, the documentation required by point 21.A.709(b) with the approval form (EASA Form 18B) defined below, completed with all the relevant information. The same approval form (EASA Form 18B) should be used when the application is submitted by a DOA holder that does not have the privilege to approve flight conditions or when it has such a privilege, but the respective flight conditions are outside the approved scope of work. If the complete set of data is not available at the time of application, the missing elements can be provided later. In such cases, the approval form should be provided only when all the data is available, to allow the applicant to make the statement required in block of the form.

FLIGHT CONDITIONS FOR A PERMIT TO FLY – APPROVAL FORM

1. Applicant

[Name of organisation providing the flight conditions and associated substantiations]

2. Approval form No:

Issue:

[Number and issue, for traceability purpose]

3. Aircraft manufacturer/type

 

4. Serial number(s)

 

5. Purpose

[Purpose in accordance with 21.A.701(a)]

6. Aircraft configuration

The above aircraft for which a permit to fly is requested is defined in [add reference to the document(s) identifying the configuration of the aircraft]

[For change(s) affecting the initial approval form: description of change(s). This form must be re-issued]

7. Substantiations

[References to the document(s) justifying that the aircraft (as described in 6.) can perform the intended flight(s) safely under the defined conditions or restrictions.]

[For change(s) affecting the initial approval form: reference(s) to additional substantiation(s). This form must be re-issued]

8. Conditions/Restrictions

The above aircraft must be used with the following conditions or restrictions:

[Details of these conditions/restrictions, or reference to relevant document, including specific maintenance instructions and conditions to perform these instructions]

9. Statement

The flight conditions have been established and justified in accordance with 21.A.708.

The aircraft as defined in block 6 above has no features and characteristics making it unsafe for the intended operation under the identified conditions and restrictions.

[when approved under a privilege of an approved organisation]

10. Approved under [ORGANISATION APPROVAL NUMBER]

11. Date of issue

 

12. Name and signature

[Authorised signatory]

[when not approved under a privilege of an approved organisation]

13. Approval and date

[the appropriate approval: EASA, competent authority]

EASA Form 18B Issue 3

When the flight conditions are approved under a privilege, this form should be used by the approved organisation to document the approval.

21.A.710 Approval of flight conditions

Regulation (EU) No 748/2012

(a) When approval of the flight conditions is related to the safety of the design, the flight conditions shall be approved by:

1. the Agency; or

2. an appropriately approved design organisation, under the privilege of point 21.A.263(c)(6).

(b) When approval of the flight conditions is not related to the safety of the design, the flight conditions shall be approved by the competent authority, or the appropriately approved organisation that will also issue the permit to fly.

(c) Before approving the flight conditions, the Agency, the competent authority or the approved organisation must be satisfied that the aircraft is capable of safe flight under the specified conditions and restrictions. The Agency or the competent authority may make or require the applicant to make any necessary inspections or tests for that purpose.

GM 21.A.710 Approval of flight conditions

ED Decision 2012/020/R

1.  The approval of flight conditions is related to the safety of the design, when:

a.  the aircraft does not conform to an approved design; or

b.  an Airworthiness Limitation, a Certification Maintenance Requirement or an Airworthiness Directive has not been complied with; or

c.  the intended flight(s) are outside the approved envelope;

d. the permit to fly is issued for the purpose of 21.A.701(a)(15).

2.  Examples when the approval of flight conditions is not related to the safety of the design are:

a.  production flight testing for the purpose of conformity establishment;

b.  delivery / export flight of a new aircraft the design of which is approved;

c.  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.

21.A.711 Issuance of a permit to fly

Regulation (EU) 2022/201

(a) A permit to fly (EASA Form 20a, see Appendix III) may be issued by the competent authority under the conditions specified in point 21.B.525.

(b) An appropriately approved design organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.263(c)(7), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

(c) An appropriately approved production organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.163(e), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

(d) An approved organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted in accordance with point M.A.711 of Annex I (Part-M) of Regulation (EU) No 1321/2014 or point CAMO.A.125 of Annex Vc (Part-CAMO) of Regulation (EU) No 1321/2014 or point CAO.A.095 of Annex Vd (Part-CAO) of Regulation (EU) No 1321/2014, when the flight conditions referred to in point 21.A.708 of this Annex have been approved in accordance with point 21.A.710 of this Annex.

(e) The permit to fly shall specify the purpose(s) and any conditions and restrictions which have been approved in accordance with point 21.A.710.

(f) For permits issued under points (b), (c) or (d), a copy of the permit to fly and associated flight conditions shall be submitted to the competent authority at the earliest opportunity but not later than 3 days.

(g) Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly that an organisation has issued pursuant to points (b), (c) or (d), that organisation shall immediately revoke that permit to fly and inform without delay the competent authority.

GM 21.A.711(e)  Additional conditions and restrictions

ED Decision 2012/020/R

The conditions and restrictions prescribed by the competent authority may include airspace restrictions to make the conditions approved under 21.A.710 more concrete, or conditions outside the scope of the ones mentioned in 21.A.708(b) such as a radio station license.

21.A.713 Changes

Regulation (EU) No 748/2012

(a) Any change that invalidates the flight conditions or associated substantiation established for the permit to fly shall be approved in accordance with point 21.A.710. When relevant an application shall be made in accordance with point 21.A.709.

(b) A change affecting the content of the permit to fly requires the issuance of a new permit to fly in accordance with point 21.A.711.

GM 21.A.713 Changes

ED Decision 2012/020/R

Changes to the conditions or associated substantiations that are approved but do not affect the text on the permit to fly do not require issuance of a new permit to fly.

In case a new application is necessary, the substantiation for approval of the flight conditions only needs to address the change.

21.A.715 Language

Regulation (EU) No 748/2012

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the competent authority.

21.A.719 Transferability

Regulation (EU) No 748/2012

(a) A permit to fly is not transferable.

(b) Notwithstanding, point (a) for a permit to fly issued for the purpose of point 21.A.701(a)(15), where ownership of an aircraft has changed, the permit to fly shall be transferred together with the aircraft provided the aircraft remains on the same register, or issued only with the agreement of the competent authority of the Member State of registry to which it is transferred.

GM 21.A.719 Transfer of a permit to fly

ED Decision 2012/020/R

Except for permits to fly issued under 21.A.701(a)(15), like aircraft without TC holder, a permit to fly is issued based upon the applicant’s declaration of many aspects of the proposed flight or flights, some of which are specific to the applicant. Accordingly, the basis upon which a permit to fly has been issued necessarily is no longer fully in place when the holder of a permit to fly changes, ownership changes, and/or there is a change of register. Such changes necessitate a new application under 21.A.707.

21.A.723 Duration and continued validity

Regulation (EU) 2022/201

(a) A permit to fly shall be issued for a maximum period of 12 months and shall remain valid subject to compliance with all the following conditions:

1. the organisation continues to comply with the conditions and restrictions associated with the permit to fly as set out in point 21.A.711(e);

2. the holder or any of its partners, suppliers or subcontractors acknowledge that the competent authority may carry out investigations in accordance with point 21.A.9;

3. the permit to fly has not been revoked by the competent authority under point 21.B.65, or surrendered by its holder;

4. the aircraft remains on the same register.

(b) Notwithstanding point (a), a permit to fly issued for the purpose of point 21.A.701(a)(15) may be issued for unlimited duration.

(c) Upon surrender or revocation, the permit to fly shall be returned to the competent authority.

21.A.725 Renewal of permit to fly

Regulation (EU) No 748/2012

Renewal of the permit to fly shall be processed as a change in accordance with point 21.A.713.

21.A.727 Obligations of the holder of a permit to fly

Regulation (EU) No 748/2012

The holder of a permit to fly shall ensure that all the conditions and restrictions associated with the permit to fly are satisfied and maintained.