IMHO would make it impossible to prosecute under this clause except in the most blatent cases where a PPL sets up as some kind of private airline.
This is an interesting point. Has anyone ever heard of a PPL being prosecuted for breaking this particular rule? I was just wondering. We agonise over its exact meaning time and time again, on PPRuNe and off. I doubt that anyone, including the CAA, can really say in every case whether the rule is being broken or not. But have they ever prosecuted anyone?