The Air Navigation Order 2016

Public transport and commercial operations – exceptions – cost sharing U.K.

13.—(1) A flight is a non-commercial flight if—

(a) [F1 there has been no valuable consideration or] the only valuable consideration given or promised for the flight [F2 to the pilot by the passengers] F3 ... is a contribution to the direct costs of the flight otherwise payable by the pilot in command; and

(b) the criteria in paragraph (2) are satisfied.

[F4 (2) The criteria of this paragraph are satisfied if—

(a) no more than six persons (including the pilot) are carried on the flight;

(b) all costs other than direct costs are paid by the pilot with no contribution from the passengers;

(c) the contribution referred to in paragraph (1)(a) is an amount not more than the total direct costs divided equally by the number of persons carried (including the pilot);

(d) the flight is operated by a private individual;

(e) no person acting as a pilot is employed as a pilot or acting under a contract for the provision of services as a pilot for the flight;

(f) passengers undertaking the flight are clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) or Public Transport (PT) flight;

(g) for each passenger, a record is made attesting to—

(i) their having been clearly advised that the flight does not meet the same safety standards as a CAT or PT flight; and

(ii) their acceptance of this fact as indicated by their signed declaration to this effect;

(h) the records referred to in paragraph (g) are—

(i) completed prior to the flight;

(ii) retained by the operator of the flight for a period of 6 months from the date of the flight; and

(iii) produced by the operator of the flight when requested by an Authorised Person; and

(i) where advertisement or promotion of the flight occurs, the advertisement or promotion satisfies the criteria in paragraph (3).]

[F5 (3) The criteria of this paragraph are satisfied if an advertisement or promotion of a flight—

(a) is placed by the pilot or operator of the flight;

(b) makes it clear that the flight is a private arrangement not conducted in accordance with CAT or PT safety standards; and

(c) includes—

(i) the start and end locations of the flight;

(ii) the date when the pilot is available to conduct the flight;

(iii) the licence type held by the pilot;

(iv) the class of medical certificate or medical declaration held by the pilot;

(v) the total number of hours flown by the pilot; and

(vi) the total number of hours flown by the pilot in the advertised aircraft type in the three months prior to the advertisement being placed.]

Textual Amendments

F1 Words in art. 13(1)(a) inserted (14.12.2017) by The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 6(a)

F2 Words in art. 13(1)(a) inserted (1.10.2025) by The Air Navigation (Amendment) Order 2025 (S.I. 2025/850), arts. 1(2), 3(2)

F3 Words in art. 13(1)(a) omitted (14.12.2017) by virtue of The Air Navigation (Amendment) Order 2017 (S.I. 2017/1112), arts. 1, 6(b)

F4 Art. 13(2) substituted (1.10.2025) by The Air Navigation (Amendment) Order 2025 (S.I. 2025/850), arts. 1(2), 3(3)

F5 Art. 13(3) inserted (1.10.2025) by The Air Navigation (Amendment) Order 2025 (S.I. 2025/850), arts. 1(2), 3(4)