PART 1Interpretation and categorisation

CHAPTER 2Categorisation as public transport or commercial operation

Public transport and commercial operations – exceptions – cost sharing13.

(1)

A flight is a non-commercial flight if—

(a)

F1there has been no valuable consideration or the only valuable consideration given or promised for the flight F2to 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.