uncle ian - "The fundamental problem lies with the wording of the ANO in my opinion. It is clear to almost anyone but our beloved regulators that aerial camera work (along with so many of the things helicopters do that are not passenger transit flights) is not public transport as percieved by "the man on the Clapham omnibuss"."
I have been asking questions on another forum about this and the unfortunatly I have come up with the following assessment based on the ANO and various other documents:-
Is somebody making money from the flight? If so, it is aerial work although aerial work can be either a public or a private flight. If it is aerial work then the pilot must have a CPL/ATPL.
The bigger question as most operations come under aerial work is therefore is it a public transport flight or a private flight? If it is a public transport flight then you need an AOC.
So....how do you figure out if it's a public transport flight. Simple - are there any paying passengers on the flight where a passenger is defined in the ANO (and pretending you are a member of the flight crew in a C150 does not work - see the wording of the ANO).
So...... filming is aerial work - and therefore needs a CPL flying the plane (unsurprisingly) and as the passenger is paying the pilot to carry him/her then it is also a public transport flight. Pretty simple really - the fact that he/she happens to be carrying a camera aloft is neither here or there - and the fact that it is no a 'transit' flight does not matter either. The simple fact is that a person is paying the pilot to fly him around.
The ONLY way I can see to get around this is if the pilot is the owner of the 'filming business' and has a CPL/ATLP, and PAYS a passenger to take the photos for him. This would make the flight Aerial Work - but in the public flight category and would threfore be exempt from needing an AOC.
If somebody hires the aircraft and the pilot separatly as suggested, this can be tested against the 'rules'. Is somebody making money from the flight - yes they are so it is Aerial Work and the pilot therfore must have a CPL/ATPL. Is there an ANO defined passenger on the flight who has paid somebody/something so he/she can be on the flight. Yes- they paid both the pilot and the aircraft hire so the flight is P.T. and needs an AOC.