# The Air Navigation (Isle of Man) Order 2007, Paragraph 4: Exceptions — cost sharing


(1) Subject to sub-paragraph (4), a flight shall be deemed to be a private flight if the only valuable consideration given or promised in respect of the flight or the purpose of the flight falls within sub-paragraph (2) and the criteria in sub-paragraph (3) are satisfied.
(2) Valuable consideration falls within this paragraph if it is—
(a) valuable consideration specified in paragraph 1(3)(c);
(b) in the case of an aircraft owned in accordance with paragraph 6(2), valuable consideration which falls within paragraph 6(3); or
(c) is a contribution to the direct costs of the flight otherwise payable by the pilot in command;
or falls within any two or all three of (a) to (c) above.
(3) The criteria in this sub-paragraph are satisfied if—
(a) no more than 4 persons (including the pilot) are carried;
(b) the proportion which the contribution referred to in sub-paragraph (2)(c) bears to the direct costs shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried (including the pilot);
(c) no information shall have been published or advertised prior to the commencement of the flight other than, in the case of an aircraft operated by a flying club, advertising wholly within the premises of such a flying club in which case all the persons carried on such a flight who are aged 18 years or over shall be members of that flying club; and
(d) no person acting as a pilot shall be employed as a pilot by, or be a party to a contract for the provision of services as a pilot with, the operator of the aircraft which is being flown.
(4) If valuable consideration specified in paragraph 1(3)(c) is given or promised the flight shall for the purposes of Part 3 of this Order (other than articles 14(2) and 15(2))be deemed to be for the purpose of public transport.

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Source: https://www.legislation.gov.uk/uksi/2007/1115/schedule/9/paragraph/4 (the official version)
Page: https://openlegislation.uk/air-navigation-isle-of-man-order-2007/schedule-9/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

