The Directorate of Civil Aviation (Direction de l'Aviation Civile- DAC) is responsible for issuing permits to fly for aircraft that are either registered in the Luxembourg registry (Relevé luxembourgeois des immatriculations) or that are in the process of being registered.
Who is concerned
Any natural or legal person may apply for a permit to fly.
However, the application must be submitted by the owner in the case of:
- a permit for non-commercial flights of non-complex private aircraft; or
- a type that does not require a certificate of airworthiness; or
- a restricted certificate of airworthiness.
Permits to fly are issued in accordance with Subpart P of Part 21 of Regulation (EU) No 748/2012 for aircraft which do not meet or have not been shown to meet the applicable airworthiness requirements, but which are capable of safe flight under defined conditions and for the purposes listed below:
- showing compliance with regulations or certification specifications;
- training of staff of design and production organisations;
- production flight testing of new production aircraft;
- flying aircraft under production between 2 production facilities;
- flying the aircraft for customer acceptance;
- delivering or exporting the aircraft;
- flying the aircraft to obtain acceptance from the authorities;
- market survey and training of staff responsible for customer relations;
- exhibition and participating in an air show;
- flying the aircraft to a location where maintenance or an airworthiness review are to be performed, or to a place of storage;
- 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;
- record breaking, air racing or similar competitions;
- flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found;
- 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.
- flying an aircraft for diagnostic purposes, or to check the functioning of one or more systems, parts or appliances after maintenance.
More detailed information on the flights listed above is available in the AMC, namely "Alternative Means of Compliance" published by the European Civil Aviation Safety Agency (EASA).
The amount of the fee for services performed for the purpose of issuing a permit to fly is based on the time spent, within the limits of:
- a minimum of one hour; and
- up to 6 hours at the most.
How to proceed
Submission of applications
EASA certified aircraft
Each application for a permit to fly must be made in writing by sending the EASA Form 21 to the DAC. The application must be made at least 5 working days before the planned date of the flight.
The applicant must mention:
- the purpose(s) of the flight(s);
- any points on which the aircraft does not comply with the applicable airworthiness specifications;
- the approved flight conditions.
The flight conditions must be approved separately and attached to the application.
EASA is responsible for the approval of flight conditions when they are related to the safety of the aircraft design. The application must be made in writing to EASA. However, some design organisations may also approve flight conditions related to the safety of the design.
For flights that are not related to the safety of the aircraft design, the DAC may approve flight conditions using EASA Form 18B.
Aircraft listed in Annex I of the EASA Basic Regulation
All applications for a permit to fly must be made in writing to the DAC using the Form 104-2 - "Application for a permit to fly".
The applicant must specify the type of flight as well as describe the flight and limitations of the aircraft.
When submitting the EASA Form 21, the applicant must attach:
- a copy of the EASA Form 18A duly signed by a DOA (Design Organisations Approvals) body; or
- a Form 18B which will be approved by the DAC or EASA, as appropriate.
The applicant must attach supporting documentation to the application in order to establish the operational conditions and restrictions imposed by the airworthiness criteria.
When submitting the DAC Form 104-2, the applicant must attach:
- a copy of the pilot's licence;
- their medical certificate;
- a copy of the valid insurance certificate for the aircraft.
The validity period is limited to a maximum of 40 flight hours within a period not exceeding 2 months.
The DAC can also validate a permit to fly for a maximum of 12 months when this permit to fly has been issued by foreign competent authorities. In this case, the applicant must submit a written application for a permit to fly to the DAC on the basis of the permit issued abroad.
The holder of a permit to fly shall ensure that all conditions and restrictions associated with the permit are respected and maintained.
In the event of changes affecting the permit to fly or the flight conditions, the holder must submit a new application.