Commercial flight or not?

[UKPPL]

The AAIB have recently released the accident report AAIB Bulletin No: 2/2001 Ref: EW/C2000/6/1 with you can see on the AAIB website at

http://www.open.gov.uk/aaib/feb01htm/gbmnt.htm

In the report it states;

"The pilot was flying on a freelance basis for a company carrying their passengers to and from race meetings"

in the same section it states;

"He held a Commercial Pilot's Licence but was not required to undergo a type test to conduct a private flight."

questions;

If he was acting as PIC using his CPL, being paid for his professional services (I guess he wasn't doing it for free?), then does this not constitute a commercial flight rather than a private flight??

If it was a commercial flight, should he have possessed a valid type rating for that particular aircraft??

NB; I'm not inferring the AAIB report is wrong, I'd just like to find out for future reference why it was classed as a 'private flight'.

Viewpoints/knowledge welcomed.

[Pilot Pete]

If he was flying 'their' plane, ie the private company it was not a public transport flight as the passengers weren't paying a fee for their seat.

As for the type rating, it depends what he was flying.....I haven't read the report but I am guessing you are refering to the Seneca accident. You will find that the pilot may well have had a 'Multi Engine - Piston Land' rating which allows you to fly any piston twin under a certain weight, can't remember off hand what it is, but the Seneca certainly falls into that category. Normally the owner (usually a school, club etc) would require you to do a few hours under instruction to familiarise yourself with the a/c, but I think I am right in saying that for a non public transport flight there is no legal requirement for this.

As I have said, I have not read the report.....just answered what you posted, so I don't know how relevant it is in this case.

PP

[Noggin]

In order to be paid for a flight the pilot must hold a Commercial Licence this is a basic licensing requirement.

So long as no money changes hands for the purppose of the flight other than for the remuneration of the pilot the flight is deemed to be a Private flight. Art 130

For a private flight the pilot needs a valid Class rating, there is no type rating for the Seneca. Had it been a public transport flight then an AOC would have been required and the pilot would be subject to a 6 monthly Operator Proficiency Check.

There are a lot of benovolent people in racing who transport jockeys around for nothing, or so they claim.

[This message has been edited by Noggin (edited 21 February 2001).]

[UKPPL]

Thanks for the feedback guys, much apprecated, I didn't realise (know) that if you used a privately owned aircraft and only had to pay for the pilot's wages then it was classed only as a private flight. ie. I thought as soon as a pilot was being paid for reward in a flight situation then it effectively became a commercial flight.

I guess in the example stated then, the question is, did the passengers pay for the use of the aircraft as well as the pilot's wages(ie. hire the aircraft/pilot from a company) or was it an aircraft they owned and just paid a pilot to fly them around?


Can you suggest a publication/book that clearly explains all of the current regs on this topic in a fairly simple and easy to follow way?

[foghorn]

PP,

Under the JAR's the weight limit for the MEP rating is 5,700kg.

[Pilot Pete]

yep, thanks Foggy that rings the correct bell with me..........too idle to look it up myself!

PP

[Noggin]

Foghorn. You are wrong. There is no weight limit for a FAR-FCL MEP Class rating. 5700 Kgs died with the Group A B and C ratings for licensing purposes. It is still used for airworthiness purposes.