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Old 26th Apr 2004, 07:53
  #11 (permalink)  
Flying Lawyer
 
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FNG
You don't find the definition difficult to understand because you are a lawyer. I learned about 'valuable consideration' in the first few Contract lectures as student; you probably did too. But most non-lawyers don't know what it means, and I suspect very few of those who do know would realise how many things might fall within the very wide definition. I regularly deal with pilots trying to understand aviation legislation, or who have fallen foul of it. Not only do they frequently find it difficult to understand, but I can readily see why. Plain English hasn't reached aviation legislation yet!
In the context of this question .....
Most PPLs believe (wrongly) that the test is 'payment'* or 'remuneration' and honestly believe they are doing nothing illegal as long as they aren't being paid, either for the use of the aircraft or for flying it.
I wonder what proportion would realise their company name on the aircraft would in itself be enough to get them into trouble - or even think about that aspect. I know it came as a shock to the owner in question when he was prosecuted.
You say free publicity "might well" count as valuable consideration. Does that mean you're not certain, or that it depends upon the circumstances? If (as I assume) the latter, isn't it quite difficult for a non-lawyer to determine which circumstances fall inside or outside the law?

(*The CAA's own document to which you provided a link, refers throughout to 'payment'. Granted, there's a warning to look at the ANO itself which refers to 'valuable consideration' and makes no reference to payment, but IMHO it's rather harsh to criticise PPLs thinking in terms of 'payment' when the CAA does the same thing.)

Re your comment in your previous post:
I agree questions like Paul 101's can sometimes be attempts to evade the law, but they are often questions by people who are thinking of doing something, want to make absolutely sure they wouldn't be doing anything illegal, and find the relevant provisions difficult to track down and/or understand. Pprune is a valuable source of information on all aviation matters so they ask here.


PS
I'm at 9-12 Bell Yard - let's meet some time if you're not bothered about losing you Pprune anonymity.
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