this same discussion has been going on and on in Germany as well.... for years now!!
The rules say that the COMMERCIAL flying of persons and freight need an AOC. So you first have to define commercial. Then there are the non-commercial flights for compensation (no matter what kind). These also need special permission from the authorities-that-be, unless it is in an aircraft with a maximum of 4 seats. This exception was done to allow air clubs to do some intro flights, etc. Following this last sentence, many commercials balloonists have stopped doing their flights "legally" and just keep doing flights (with payed pax and 4-person basket), making the "legal" companies very upset.
So, the powers-that-be (CAA) and courts tried to define "commercial" and came up with the following (roughly translated):
1) acting for ones self and own risk
2) permanent and repetive action
3) for compensation of any kind
4) hoping for profits, whether profits are actually attained or not
under no. 2 falls advertising... if you put up a notice for the flights like: "let me fly you somewhere... cheap!" and a telephone number, that's commercial.
So, the above rule would allow ferry flights with private aircraft to a certain extent. But round-robin flights or any other flights for hire are not allowed!
Now, how does the CAA prove wrong doing? The paper work doesn't show anything so it's often not possible. Only if you are caught with advertising can there be (possible) proof. Or after an accident.....
oh, and then check the wording on your licence.... it may state non-commercial right on it (may be different from country to country).
I think this is an international problem and it would be interesting to see how other countries handle it.
Westy
Last edited by WestWind1950; 28th November 2006 at 12:35.