ANO Article 130

[Pianorak]

I have been searching the CAA website for the ANO Article 130 but can only find a Summary which only makes it clear that “a member of the group cannot pay an instructor to train him in the group owned aircraft [which has no transport category C of A]”.

I am still looking for a reference which would confirm that I can pay an instructor to train me in a group owned aircraft which has a transport category C of A, which I feel should be contained in Article 130. Can some kind soul direct me to the correct address? Thanks.

[Zlin526]

Try here:

http://www.caa.co.uk/docs/33/CAP393.PDF

A bit long-winded, but Article 130 is in there somewhere...

Best read when not feeling tired...

Zlin

[Pianorak]

Thanks for your speedy reply, Zlin. Article 130 is in there but it makes no mention of the issue I am trying to resolve.

[bookworm]

and the logic is that...

130(1)(a) says that if you pay an instructor to fly with you, the flight is aerial work.

9(2) then requires you to have a CofA of at least Aerial Work category. In practice, Aerial Work Category CofAs are not issued as there is no difference between the requirements for those and Transport Category (Passenger) CofAs.

[Pianorak]

Thanks, Bookworm - that clinches it. It also means I shall go ahead and buy into a syndicate which has an aircraft with the relevant transport category C of A.

[IO540]

Pianorak

I am no lawyer but looked into this 2yrs ago for probably the same reason as you, in my case doing an IMCR in a group owned Private CofA plane.

One cannot use a Private CofA plane for training for the initial award of any License or a Rating, unless the person getting the training owns the plane outright (or is a 100% owner of a ltd co which owns the plane).

Apparently there is a loophole: the instructor does the flying FOC and charges you £100/hr (or whatever) for "ground school".

There is another problem I recall: an instructor cannot work freelance nowadays, training must be done under an FTO, which might simply mean you have to join the flying school... £50?

Check the insurance, of course.

[Charlie Fox]

Have a look at AIC 1/2002 (White 49)

http://www.ais.org.uk/aes/pubs/aip/html/aicdata.htm

[Pianorak]

IO540 – Thanks for your reply. Point taken, but the a/c in question does have the requisite public transport category C of A. Cf. ANO Article 130 sub 3.8.3 which reads in part: “. . . In particular, a member of the group cannot pay an instructor to train him in the group owned aircraft [which has no transport category C of A].”

Thanks Charlie Fox – I have already looked at that AIC.

[Keef]

Has anything changed recently?

My understanding (checked with the CAA some years ago) is that you cannot pay an instructor to teach you for a rating on a Private Cat aircraft (or a Permit one), but can pay an examiner to do a test for renewal of a rating on one.

Apparently (I've not done this), if the instructor is prepared to instruct for free, that's OK on a Private Cat - but if you then pay him way over the odds for ground school, they might come to a conclusion...

I'm due for my IMC rating renewal shortly, and would prefer to take it on the group aircraft.

[bookworm]

It changed a few years ago to permit paid refresher training (but not training fora licence or rating) as well as tests. All described in the AIC.