PART 1 U.K.Interpretation and categorisation

CHAPTER 2U.K.Categorisation as public transport or commercial operation

Public transport and commercial operations – exceptions – cost sharingU.K.

13.—(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.]

Textual Amendments