Introduction
1. This information is intended to provide guidance for when the actual direct costs
of a passenger transport flight may be shared between the occupants of an
aircraft without having to comply with the regulations applicable to Commercial
Air Transport (CAT) or Public Transport (PT) flights.
2. This information supersedes that given on ‘cost-sharing’ contained in IN-
2015/029.
3. Under Commission Regulation (EU) No. 965/2012 (EASA Ops), a flight for the
transport of passengers, for which remuneration (payment) or other valuable
consideration has been made, is defined as a CAT flight. Under the Air
Navigation Order 2016 (ANO), similar circumstances exist where the flight would
be defined as a PT flight.
4. If a flight is CAT or PT, the operator must have an Air Operator’s Certificate; the
pilot must hold at least a Commercial Pilot’s Licence; and the aircraft must be
certificated and maintained in accordance with the appropriate requirements.
5. EASA Ops includes a derogation at Article 6.4(a) that allows a flight that would
otherwise be a CAT flight to be flown in accordance with the operating rules for
non-commercial flights subject to specific conditions. The conditions are that:
The flight is a cost-shared flight by private individuals;
The actual direct costs of the flight must be shared between all the occupants
of the aircraft, including the pilot, up to a maximum of 6 persons; and
Only other-than complex motor-powered aircraft may be used.
6. Article 13 of the ANO also allows cost-sharing for what would otherwise be a PT
flight but is not in full alignment with the EASA Ops rules. In order to provide
equivalence with EASA Ops for the same category of other-than complex motor
powered aircraft, the CAA has issued a General Exemption (ORS4 No.1234)
which aligns with the EASA Ops derogation.
7. A guide for GA has been produced as CAP 1589.
Scope
8. The cost-sharing arrangements apply to other-than complex motor-powered
EASA aircraft operating under the EASA Ops and in accordance with Regulation
(EC) No.216/2008 (the Basic Regulation). This includes aircraft registered
outside of the EASA area but operated by an operator established or residing in
the Community subject to paragraph 14 below.
9. Similar alleviations in accordance with Article 13 of the ANO, or the General
Exemption mentioned above, permit cost-sharing in non-EASA aircraft which are
registered in the UK.
Guidance
10. The cost-sharing derogation to EASA Ops does not prevent the promoting or
advertising of cost-shared flights. This is also the case with non-EASA aircraft
flights under the General Exemption mentioned above.
11. The promotion of flights can include the use of online ‘flight sharing’ platforms.
12. It is recommended that any promotion of cost-sharing should inform potential
passengers of the safety levels of General Aviation flights with light aircraft as
compared to those of CAT operations.
13. Passengers should be made aware that the pilot may amend or cancel the flight
for any reason, including at short notice and is under no obligation to complete it.
14. The proportion of the costs that must be shared by the pilot is not specified in the
cost sharing derogation nor in the General Exemption; however, the pilot must
make a contribution to the actual direct costs of the flight being conducted.
15. Aircraft registered in a Third Country (e.g. the Isle of Man, Jersey, USA) are
required to comply with the relevant EASA Ops rules if based in an EASA
Member State. However, they may also be required to abide by the regulations
of the State of Registry which may prohibit conducting such cost-sharing flights.
Explanation of terms
16. ‘EASA aircraft’ means an aircraft which is required by the Basic Regulation and
any implementing rules adopted by the European Commission in accordance
with that Regulation to hold an EASA certificate of airworthiness, an EASA
restricted certificate of airworthiness or an EASA permit to fly.
17. ‘non-EASA aircraft’ means an aircraft which is not required by the Basic
Regulation and any implementing rules adopted by the European Commission in
accordance with that Regulation to hold an EASA certificate of airworthiness, an
EASA restricted certificate of airworthiness or an EASA permit to fly and is
generally covered by Annex II to the Basic Regulation.
18. Article 6.4a of EASA Ops applies to other-than complex motor-powered aircraft
and describes cost-sharing as:
‘cost-shared flights by private individuals, on the condition that the direct cost is
shared by all the occupants of the aircraft, pilot included and the number of
persons sharing the direct costs is limited to six.’
19. A ‘complex motor-powered aircraft’ means
i) An aeroplane:
With a maximum certificated take-off mass exceeding 5,700 kg; or
Certificated for a maximum passenger seating configuration of more than 19;
or
Certificated for operation with a minimum crew of at least two pilots; or
Equipped with (a) a turbojet engine(s) or more than one turboprop engine; or
ii) A helicopter certificated:
For a maximum take-off mass exceeding 3,175 kg; or
For a maximum passenger seating configuration of more than 9; or
For operation with a minimum crew of at least two pilots; or
iii) A tilt rotor aircraft.
A ‘non-complex motor-powered aircraft’ or ‘other-than complex motor-powered
aircraft’ (which includes sailplanes and balloons) should be construed
accordingly.
20. GM2 Article 6.4a(a);(b) Derogations – ‘Direct cost’ means the cost directly
incurred in relation to a flight, e.g. fuel, airfield charges, rental fee for an aircraft.
There is no element of profit.
21. GM3 Article 6.4a(a);(b) Derogations – ‘Annual cost’ means the cost of keeping,
maintaining and operating the aircraft over a period of one calendar year. There
is no element of profit.
22. The ANO contains similar definitions at Schedule 1 which are also to be used
with the General Exemption:
‘direct cost’ means the cost (excluding any element of profit) directly incurred
in relation to a flight, including –
(a) The cost of fuel;
(b) Any charges payable in respect of the use of any airfield in connection
with the flight; or
(c) Any rental or hire fees for the use of the aircraft.
‘annual cost’, in relation to the operation of an aircraft, means the cost
(excluding any element of profit) of keeping, maintaining and operating the
aircraft over the period of one year.
‘non-commercial flight’ means a flight which is not a commercial operation
flight, a public transport flight or a flight for the purpose of commercial air
transport.
‘valuable consideration’ means any right, interest, profit or benefit,
forbearance, detriment, loss or responsibility accruing, given, suffered or
undertaken under an agreement, which is more than a nominal nature.
There is a another document from the CAA posting this:
Information and guidance on the circumstances under which the
direct costs of a private flight may be shared between up to six
occupants (including the pilot) of an aircraft
European and National regulations permit cost sharing flights as follows:
■ The flight is a cost-shared flight by private individuals.
■ The direct costs of the flight must be shared between all of the occupants of the aircraft, including the
pilot, up to a maximum of 6 persons.
■ The cost-sharing arrangements apply to any other-than complex motor-powered EASA aircraft and this includes aircraft registered outside of the EASA area but operated by an operator established or residing in the Community.
■ Cost-sharing is also permitted in non-EASA (Annex II of the Basic Regulation) aircraft registered in the
UK. Direct costs means the costs directly incurred in relation to a flight (e.g. fuel, airfield charges, rental fee
for an aircraft). There can be no element of profit.
Annual costs which cannot be included in the cost sharing are the cost of keeping, maintaining, insuring and operating the aircraft over a period of one calendar year.
There can be no element of profit.
Additional guidance
■ In the case of a jointly-owned aircraft, the CAA considers the hourly rate, normally payable by a joint
owner for the use of their aircraft, to be a ‘direct cost’.
■ Cost shared flights can be advertised, including the use of online ‘flight sharing’ platforms.
Cost sharing flights: GA guide
Guidance from the Civil Aviation Authority September 2017
September 2017 | CAP 1589
■ It is recommended that any advertising or promotion of cost-sharing flights makes it clear that they
are private arrangements and not conducted in accordance with commercial air transport or, where
appropriate, public transport rules.
■ Passengers should be made aware that the pilot may amend or cancel the flight for any reason,
including at short notice.
■ The proportion of the costs that must be shared by the pilot is not specified in the regulations;
however, the pilot must make a contribution to the direct costs of the flight that he is conducting.
■ The General Exemption (ORS4 No.1234) which permits cost-sharing flights for Annex II aircraft only
applies to flights conducted within the London and Scottish Flight Information Regions.
Reference material
■ EASA Air Operations Regulations
■ Air Navigation Order (2016)
■ Sharing the direct costs of a flight (General Exemption, ORS4 No.1234) -
■ CAP 1590: Cost sharing flights: guidance and information -