PPRuNe Forums - Trial lessons without an instructor rating

Neither can I but there are those who have highlighted how difficult it can be to interpret the ANO.
MJ

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but the original poster asked if it was legal, and so far, I can't find anything that says it isnt!

Then lets start at the beginning:

A person is carried on a flight for which payment is made and according to Art 260 that requires an AOC

Article 259 however grants an exemption for "flight training" and the argument is that this doesn't' specify that the this training has to be for the purpose of obtaining a licence!

Art 50 lists the legal requirement for crew

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50.—(1) Subject to the exceptions set out in articles 51 to 60, a person must not act as a member
of the flight crew of an aircraft registered in the United Kingdom without holding an appropriate
licence granted or rendered valid under this Order.
(2) An appropriate licence for the purposes of this Part means a licence which entitles the holder to
perform the functions being undertaken in relation to the aircraft concerned on the particular flight.

Art 53 grants an Exception for Dual Flight Training and imposes certain conditions:

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53.—(1) A person may act as pilot of an aircraft of which the flight crew required to be carried
by or under this Order is not more than one pilot for the purpose of becoming qualified for the
grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence
within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of
an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph
(2) are satisfied.
(2) The conditions referred to in paragraph (1) are that—
(a) the aircraft is not flying for the purpose of commercial air transport, public transport or
aerial work other than aerial work which consists of the giving of instruction in flying or
the conducting of flying tests;
(b) the person acts in accordance with instructions given by another person holding a pilot’s
licence granted under this Order or a JAA licence, in each case being a licence which
includes a flight instructor rating, a flying instructor’s rating or an assistant flying
instructor’s rating entitling that other person to give instruction in flying the type of
aircraft being flown; and

In the original question, the "trial flight" as described, does not meet the conditions of Art 53 and therefore the "student" cannot claim to be a crew member undergoing Dual Training; therefore in accordance with Art 255 meets the definition of a "Passenger".

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‘Passenger’ means a person other than a member of the crew;

Art 260 specifically says

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(i) valuable consideration is given or promised for the carriage of passengers or cargo in
the aircraft on that flight

the flight is Public Transport and as such requires an AOC.

The flight in the original question is therefore illegal and MJ should realise you cant just read a couple of Articles without referring to others that have a conditional effect on them.

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The 'Instructor' in such cases would log the flight time as P1 and the 'Student' as Pu/t.

MJ <<<<<< Runs for cover!!

BOll..UX