The Air Navigation Order 2009

Meaning of public transport

260.—(1) For the purposes of this Order and subject to Part 34, an aircraft in flight is flying on a public transport flight if the conditions specified in paragraph (2) are met.

(2) The conditions referred to in paragraph (1) are—

(a) the aircraft is not flying on a commercial air transport flight; and

(b) that

(i) valuable consideration is given or promised for the carriage of passengers or cargo in the aircraft on that flight; or

(ii) the flight is operated by the holder of a national air operator’s certificate or an EU-OPS air operator certificate and any passengers or cargo are carried gratuitously in the aircraft except for persons specified in paragraph (3) or cargo specified in paragraph (4).

(3) The persons referred to in paragraph (2)(b)(ii) are persons in the employment of the operator (including, in the case of a body corporate, its directors), or persons authorised by the CAA either making any inspection or witnessing any training, practice or test for the purposes of this Order or EU-OPS.

(4) The cargo referred to in paragraph (2)(b)(ii) is cargo intended to be used by any persons specified in paragraph (3) or by the operator.