Issues re donating a flight in a fund-raising auction
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Issues re donating a flight in a fund-raising auction
I know this has been addressed before in this Forum (however I couldn't find any threads in a search), so I will ask the question again.
I have been asked if I will donate a flight in my aircraft as an auction item to raise funds for a school trip. I am happy to do so, carrying all the costs myself.
The item would be billed as 'A flight in an aerobatic aircraft', and the idea would be to take the successful bidder up for a 30 minute flight and throw in a loop, stall turn and a few rolls if the bidder is happy and conditions permit.
Can I do this legally? Does the CAA require to be informed? What are the issues if I decided to go ahead and do it anyway?
I have been asked if I will donate a flight in my aircraft as an auction item to raise funds for a school trip. I am happy to do so, carrying all the costs myself.
The item would be billed as 'A flight in an aerobatic aircraft', and the idea would be to take the successful bidder up for a 30 minute flight and throw in a loop, stall turn and a few rolls if the bidder is happy and conditions permit.
Can I do this legally? Does the CAA require to be informed? What are the issues if I decided to go ahead and do it anyway?
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Re: Issues re donating a flight in a fund-raising auction
As long as you meet the experiance requirements set out by the CAA under the charity flights exemption then yes.
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Re: Issues re donating a flight in a fund-raising auction
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Re: Issues re donating a flight in a fund-raising auction
Hang on a moment chaps. The key word here is CHARITY - noticeably missing from the original poster's question.
Nothing in the AIC permits you to fly people around for "fund raising purposes", unless the funds are to be donated to a Registered Charity.
Some schools are organised such that a Registered Charity might be available to act as a beneficiary of the Auction, but if the auction is simply to top up school funds on behalf of, say, a parent-teachers association, then this is a total no no.
If you go ahead and do it, despite not meeting the requirements for the Public Transport/Aerial Work flight, then you risk legal action if shopped, and invalid insurance should you hurt yourself or your passenger.
If you are feeling generous but don't meet the requirements, consider donating the cash for an individual to go to a properly accredited organisation for their aeros.
Nothing in the AIC permits you to fly people around for "fund raising purposes", unless the funds are to be donated to a Registered Charity.
Some schools are organised such that a Registered Charity might be available to act as a beneficiary of the Auction, but if the auction is simply to top up school funds on behalf of, say, a parent-teachers association, then this is a total no no.
If you go ahead and do it, despite not meeting the requirements for the Public Transport/Aerial Work flight, then you risk legal action if shopped, and invalid insurance should you hurt yourself or your passenger.
If you are feeling generous but don't meet the requirements, consider donating the cash for an individual to go to a properly accredited organisation for their aeros.
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Re: Issues re donating a flight in a fund-raising auction
Thanks for the replies.
I have read (skimmed) the CAA document, and it appears quite clear. However, it emphasises and concentrates on flights for 'registered charities'. My situation is slightly different, in that the money raised in the auction will be used to help send a schololboy on an adventure holiday later this year - in no way can he be called a 'charity'.
Thus some confusion still exists.
In what way does what I propose differ from me offering to take up an interested friend of a friend for a bimble around the countryside at no cost to him?
I have read (skimmed) the CAA document, and it appears quite clear. However, it emphasises and concentrates on flights for 'registered charities'. My situation is slightly different, in that the money raised in the auction will be used to help send a schololboy on an adventure holiday later this year - in no way can he be called a 'charity'.
Thus some confusion still exists.
In what way does what I propose differ from me offering to take up an interested friend of a friend for a bimble around the countryside at no cost to him?
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Re: Issues re donating a flight in a fund-raising auction
M1900
Now that we have clarified that the beneficiary will not be a charity, you can put the AIC to one side, because, as feared, it is not relevant.
The problem with what you are now proposing ultimately comes down to the fact that you are advertising the flight and advertising for a passenger. A private arrangement in which you take a mate flying and either share costs, (or not as the case may be) would not normally fall foul of this.
In your case, the passenger will have responded to the advert, paid for the "flight" in the auction and the fact that you cover the costs yourself is irrelevant. You cannot circumvent this without quite deliberately flouting the law.
Why not simply donate the prize of a flight with a superb outfit like Ultimate High?
Now that we have clarified that the beneficiary will not be a charity, you can put the AIC to one side, because, as feared, it is not relevant.
The problem with what you are now proposing ultimately comes down to the fact that you are advertising the flight and advertising for a passenger. A private arrangement in which you take a mate flying and either share costs, (or not as the case may be) would not normally fall foul of this.
In your case, the passenger will have responded to the advert, paid for the "flight" in the auction and the fact that you cover the costs yourself is irrelevant. You cannot circumvent this without quite deliberately flouting the law.
Why not simply donate the prize of a flight with a superb outfit like Ultimate High?
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Re: Issues re donating a flight in a fund-raising auction
Or he could pay for something nominal, like having a cup of coffee with you at the airfield and in that time you decide to take him up for a flight.
Alternatively, if the school is private then it is in fact a registered charity (VAT purposes) so wouldn't it be permissible for the money to go to the school, who in turn choose to pass it on to the student as a 'travel bursary'.
Alternatively, if the school is private then it is in fact a registered charity (VAT purposes) so wouldn't it be permissible for the money to go to the school, who in turn choose to pass it on to the student as a 'travel bursary'.
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Re: Issues re donating a flight in a fund-raising auction
OK, I know we seem to have established that the school is not a charity and, therefore, AIC79/2005 is not relevant. However, even if the school were a registered charity, the flight as originally envisaged could not take place within the AIC. There are many conditions to be met before one can take advantage of the general permission in the AIC. One of these is in Annex 1, para (e) "No aerobatic manoeuvers".
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Re: Issues re donating a flight in a fund-raising auction
Why not phone the CAA and ask? If the AIC doesn't apply (which it seems not to do here) there is still some discretion at the CAA - although within strict limits.
Aren't all educational establishments entitled to charity status, or have the rules changed since I was involved in that stuff?
A similar event happened for a school near me. As it was proposed, the CAA could not sanction it (aerobatics, pilot over 60, etc). A modified version was offered which met the rules. The winner had a very brief circuit that complied, and was then asked if he would like a ride in that aerobatic thing over there.
New pilot, different aeroplane, but nothing to do with the charity auction. Quite legal (cleared with the CAA, in fact).
Aren't all educational establishments entitled to charity status, or have the rules changed since I was involved in that stuff?
A similar event happened for a school near me. As it was proposed, the CAA could not sanction it (aerobatics, pilot over 60, etc). A modified version was offered which met the rules. The winner had a very brief circuit that complied, and was then asked if he would like a ride in that aerobatic thing over there.
New pilot, different aeroplane, but nothing to do with the charity auction. Quite legal (cleared with the CAA, in fact).
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Re: Issues re donating a flight in a fund-raising auction
If your ship is insured for training, and you have a relationship with an FTO, how about you rent it to the FTO and pay for an instructor to give them a trial lesson. You pay the FTO for the use of the aircraft at a small mark-up to your own charge to them plus the pilot. Make the prize a true trial lesson, not a joyride.
It's more expensive than a free ride with you as pilot, but a lot safer and legal, assuming your insurance covers instructors flying students in your a/c.
If you have personal only insurance then this is a cr@p idea...
It's more expensive than a free ride with you as pilot, but a lot safer and legal, assuming your insurance covers instructors flying students in your a/c.
If you have personal only insurance then this is a cr@p idea...
