208.—(1) Subject to paragraph (6), article 207 applies to any aeroplane which has a maximum take-off mass of more than 5,700kg flying on a flight—
(a)for the purpose of the commercial air transport of passengers or the public transport of passengers;
(b)for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
(c)for the purpose of carrying out flying examinations for the grant of a pilot’s licence or the inclusion of an aircraft rating or a night rating in a licence.
(2) Subject to paragraph (6), article 207 applies to any aeroplane which has a maximum take-off mass of not more than 5,700kg flying on a flight which is—
(a)a scheduled journey for the purpose of the commercial air transport of passengers or the public transport of passengers;
(b)for the purpose of the commercial air transport of passengers or the public transport of passengers and which begins and ends at the same aerodrome; or
(c)for the purpose of the commercial air transport of passengers or the public transport of passengers and which is at night.
(3) Subject to paragraph (6), article 207 applies to any helicopter or gyroplane flying on a flight which is a scheduled journey for the purpose of the public transport of passengers.
(4) Subject to paragraph (6), article 207 applies to any helicopter or gyroplane of which the maximum take-off mass is more than 3,175kg flying on a flight—
(a)for the purpose of instruction in flying given to any person for the purpose of becoming qualified for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence; or
(b)for the purpose of a flying test for the grant of a pilot’s licence or the inclusion of an aircraft rating, a night rating or a night qualification in a licence.
(5) Subject to paragraph (6), article 207 applies to any glider (other than a glider being flown under arrangements made by a flying club and carrying no person other than a member of the club) flying on a flight for the purpose of—
(a)the public transport of passengers; or
(b)instruction in flying.
(6) Article 207 does not apply to an aircraft flying under and in accordance with the terms of a police air operator’s certificate.