The Air Navigation Order 2009

PART 34 Public Transport and Aerial Work

Application of Part

261.  Nothing in this Part applies to a commercial air transport flight.

Public transport – special rules for hire of aircraft

262.—(1) Subject to the provisions of this article and this Part, an aircraft in flight is deemed to fly for the purpose of public transport for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight.

(2) Paragraph (1) does not apply to any single-seat aircraft which has a maximum total weight authorised of not more than 910kg otherwise than under a hire-purchase or conditional sale agreement.

(3) Paragraph (1) does not apply if the only such valuable consideration is paid under a hire-purchase or conditional sale agreement.

(4) Notwithstanding that an aircraft may be flying for the purpose of public transport by reason of paragraph (1), it is not flying for the purpose of the public transport of passengers unless valuable consideration is given or promised for the carriage of those passengers.

(5) A glider is not flying for the purpose of public transport for the purposes of Part 3 and Part 4 by virtue of paragraph (1) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

(6) Notwithstanding the giving or promising of valuable consideration specified in paragraph (1) for the flight or the purpose of the flight it is a private flight—

(a) subject to sub-paragraph (b), for all purposes other than Part 3 and Part 4; and

(b) for the purposes of articles 37(2) and 39(2).

Public transport – special rule for associations of persons

263.—(1) A transaction is effected in accordance with this paragraph if, under a transaction effected by or on behalf of a member of an association of persons on the one hand and the association of persons or any member of the association on the other hand, a person is carried in, or is given the right to fly, an aircraft in such circumstances that valuable consideration would be given or promised if the transaction were effected in a different manner.

(2) If a transaction is effected in accordance with paragraph (1) valuable consideration is, for the purposes of this Order, deemed to have been given or promised, notwithstanding any rule of law as to such transactions.

Public transport – special rule for groups of companies

264.—(1) For the purposes of article 260(1)(a), there is to be disregarded any valuable consideration given or promised for a flight or the purpose of a flight by one company to another company which is—

(a) its holding company;

(b) its subsidiary; or

(c) another subsidiary of the same holding company.

(2) In this article ‘holding company’ and ‘subsidiary’ have the meanings respectively specified in Section 1159 of the Companies Act 2006(1).

Public transport and aerial work – exceptions – flying displays

265.—(1) A flight is, for the purposes of Part 7, a private flight if—

(a) the flight is of a sort described in paragraph (2); and

(b) the only valuable consideration for the flight or the purpose of the flight is of a sort described in paragraph (3).

(2) A flight is of a sort described in this paragraph if it is—

(a) wholly or principally for the purpose of taking part in an aircraft race, contest or flying display;

(b) for the purpose of positioning the aircraft for such a flight as is specified in sub-paragraph (a) and is made with the intention of carrying out such a flight; or

(c) for the purpose of returning after such a flight as is specified in sub-paragraph (a) to a place at which the aircraft is usually based.

(3) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—

(a) valuable consideration specified in article 262(1);

(b) in the case of an aircraft owned in accordance with article 269(2), valuable consideration which falls within article 269(3);

(c) valuable consideration given or promised to the owner or operator of an aircraft taking part in such a race, contest or flying display and such valuable consideration is not more than the direct costs of the flight and a contribution to the annual costs of the aircraft which contribution must bear no greater proportion to the total annual costs of the aircraft than the duration of the flight bears to the annual flying hours of the aircraft; or

(d) one or more prizes awarded to the pilot in command of an aircraft taking part in an aircraft race or contest to a value which must not exceed £500 for any one race or contest except with the permission of the CAA granted to the organiser of the race or contest.

(4) Any prize falling within paragraph (3)(d) is deemed for the purposes of this Order not to constitute remuneration for services as a pilot.

Public transport and aerial work – exceptions – charity flights

266.—(1) Subject to paragraph (2), a flight is a private flight if the only valuable consideration given or promised for the flight or the purpose of the flight is one or more of the following—

(a) valuable consideration specified in article 262(1);

(b) in the case of an aircraft owned in accordance with article 269(2), valuable consideration which falls within article 269(3); or

(c) valuable consideration given or promised to a registered charity which is not the operator of the aircraft and the flight is made with the permission of the CAA and in accordance with any conditions specified in it.

(2) If valuable consideration specified in article 262(1) is given or promised the flight is a public transport flight for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)).

Public transport and aerial work – exceptions – cost sharing

267.—(1) Subject to paragraph (4), a flight is a private flight if—

(a) the only valuable consideration given or promised for the flight or the purpose of the flight is of a sort described in paragraph (2); and

(b) the criteria in paragraph (3) are satisfied.

(2) Valuable consideration is of a sort described in this paragraph if it is one or more of the following—

(a) valuable consideration specified in article 262(1);

(b) in the case of an aircraft owned in accordance with article 269(2), valuable consideration which falls within article 269(3); or

(c) a contribution to the direct costs of the flight otherwise payable by the pilot in command.

(3) The criteria in this paragraph are satisfied if—

(a) no more than four persons (including the pilot) are carried;

(b) the proportion which the contribution referred to in paragraph (2)(c) bears to the direct costs is not more than the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried (including the pilot);

(c) no information has been published or advertised before the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over must be members of that flying club; and

(d) no person acting as a pilot is employed as a pilot by, or is a party to a contract for the provision of services as a pilot with, the operator of the aircraft which is being flown.

(4) If valuable consideration specified in article 262(1) is given or promised the flight is a public transport flight for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)).

Public transport and aerial work – exceptions – recovery of direct costs

268.—(1) Subject to paragraphs (2) and (3), a flight is a private flight if the only valuable consideration given or promised for the flight or the purpose of the flight is one or more of the following—

(a) valuable consideration specified in article 262(1);

(b) in the case of an aircraft owned in accordance with article 269(2), valuable consideration which falls within article 269(3); or

(c) the payment of the whole or part of the direct costs otherwise payable by the pilot in command by or on behalf of the employer of the pilot in command, or by or on behalf of a body corporate of which the pilot in command is a director.

(2) Neither the pilot in command nor any other person who is carried is legally obliged, whether under a contract or otherwise, to be carried on the flight.

(3) If valuable consideration specified in article 262(1) is given or promised the flight is a public transport flight for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)).

Public transport and aerial work – exceptions – jointly owned aircraft

269.—(1) A flight is a private flight if the aircraft falls within paragraph (2) and the only valuable consideration given or promised for the flight or the purpose of the flight falls within paragraph (3).

(2) An aircraft falls within this paragraph if it is owned—

(a) jointly by persons (each of whom is a natural person) who each hold not less than a 5% beneficial share and—

(i) the aircraft is registered in the names of all the joint owners; or

(ii) the aircraft is registered in the name or names of one or more of the joint owners as trustee or trustees for all the joint owners and written notice has been given to the CAA of the names of all the persons beneficially entitled to a share in the aircraft; or

(b) by a company in the name of which the aircraft is registered and the registered shareholders of which (each of whom is a natural person) each hold not less than 5% of the shares in that company.

(3) Valuable consideration falls within this paragraph if it is given or promised by one or more of the joint owners of the aircraft or registered shareholders of the company which owns the aircraft and is either or both—

(a) in respect of and no greater than the direct costs of the flight; or

(b) in respect of the annual costs.

Public transport and aerial work – exceptions – parachuting

270.  A flight is an aerial work flight if it is a flight in respect of which valuable consideration has been given or promised for the carriage of passengers and which is for the purpose of—

(a) the dropping of persons by parachute and which is made under and in accordance with the terms of a parachuting permission granted by the CAA under article 130;

(b) positioning the aircraft for such a flight as is specified in sub-paragraph (a) and which—

(i) is made with the intention of carrying out such a flight; and

(ii) on which no person is carried who it is not intended to carry on such a flight and who may be carried on such a flight in accordance with the terms of a parachuting permission granted by the CAA under article 130; or

(c) returning after such a flight as is specified in sub-paragraph (a) to the place at which the persons carried on such a flight are usually based and on which flight no persons are carried other than persons carried on the flight specified in sub-paragraph (a).

(1)

2006 c.46.