Air Navigation Order 2005
Public transport and aerial work—exceptions—cost sharing
160. —
(1) Subject to paragraph (4), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within paragraph (2) and the criteria in paragraph (3) are satisfied.
(2) Valuable consideration falls within this paragraph if it is—
(a) valuable consideration specified in article 157(3)(c);
(b) in the case of an aircraft owned in accordance with article 162(2), valuable consideration which falls within article 162(3); or
(c) is a contribution to the direct costs of the flight otherwise payable by the pilot in command;
or falls within any two or all three sub-paragraphs.
(3) The criteria in this paragraph are satisfied if—
(a) no more than 4 persons (including the pilot) are carried;
(b) the proportion which the contribution referred to in paragraph (2)(c) bears to the direct costs shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried (including the pilot);
(c) no information shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club; and
(d) no person acting as a pilot shall be employed as a pilot by, or be a party to a contract for the provision of services as a pilot with, the operator of the aircraft which is being flown.
(4) If valuable consideration specified in article 157(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 19(2) and 20(2)) be deemed to be for the purpose of public transport.
"If I take some friends up with me can some one confirm I am allowed to share the cost with them, R22 Half each, R44 quarter each."- 1 pax: Pilot must pay 50% (minimum)
- 2 pax: Pilot must pay 33.3% (minimum).
- 3 pax: Pilot must pay 25% (minimum)
- 4 pax or more: Not allowed under the cost-sharing exception which applies only if no more than 4 persons are carried including the pilot: 160(3)(a)
Note: The cost does not have to be shared pro rata between all those on the flight; the percentages above apply only to the pilot.
ie How the pax agree to share the balance between themselves is of no consequence: 160(3)(b)
"Is it legal to then 'extend' your circle of friends" There is no requirement that all or any of the pax must be friends of the pilot.
"by advertising that you are looking for passengers to share the costs of some helicopter flights."- The wording of 160(3)(c) is ambiguous. It provides that "no information shall have been published or advertised prior to the commencement of the flight".
In the context of 160, it appears to state that no information regarding the specific flight shall have been published or advertised. If that interpretation is correct, then an advertisement offering cost-sharing flights in general would not fall foul of the criteria stipulated in (3) because it does not provide information about a specific flight.
However, IMHO it is far safer to assume that advertising/publishing anything relating even remotely to the flight means the pilot cannot take advantage of the cost-sharing exception.
- Some advertising is permitted, but only if
- the aircraft is operated by a flying club and
- the advertising is wholly within the premises of the flying club and
- all pax are aged 18 years or over and
- all are members of that flying club.
"Obviously stating you are a PPL and not a CPL telling them the differences etc." There is no requirement to inform the pax, but IMHO it is good practice. (On occasions when I've cost-shared, I've always ensured my pax are aware that I'm a PPL not a professional/Commercial pilot.)
" just a sheet on my companies notice board etc." Don't put yourself at risk of prosecution for illegal public transport.
Far wiser, as
Torquetalk says, to be "circumspect."
Torquetalk
Under UK law:
"You would clearly have a pecuniary interest in offering such flights." The pilot having a 'pecuniary interest' doesn't take a flight outside the cost-sharing exemption. Anyone who cost-shares has a pecuniary interest, whether to off-set training costs or to off-set the cost of a hobby.
"the principle of pro rata cost sharing" There is no requirement that the cost be shared pro rata. (See above.)
"an inherent financial gain" See above under 'pecuniary interest'.
"the CAA ..... would, at the very least, disregard any flight hours gained by such means for the purposes of gaining a licence." I see no logic in disregarding the hours when P1 experience was actually gained in those hours but, that said, I gave up many years ago trying to fathom the inscrutable workings of the CAA mind so you may be right.
FL