Article 198 Commercial air transport – exception for cost sharingI1
United Kingdom
A flight is 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 paragraph (2) and the criteria in paragraph (3) are satisfied.
Valuable consideration falls within this paragraph if it is—
valuable consideration specified at article 195(1)(c);
in the case of an aircraft owned in accordance with article 200(2), valuable consideration which falls within article 200(3); or
a contribution to the direct costs of the flight otherwise payable by the pilot-in-command.
The criteria in this paragraph are satisfied if—
no more than 4 persons (including the pilot) are carried on such a flight;
the proportion which the contribution referred to in paragraph (2)(c) bears to the total direct costs of the flight shall not exceed the proportion which the number of persons carried on the flight (excluding the pilot) bears to the number of persons carried on the flight (including the pilot);
no information concerning the flight has 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 must be members of that flying club; and
no person acting as a pilot on such a flight 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 being flown on the flight.
If valuable consideration specified in article 195(1)(c) is given or promised the flight is, for the purposes of Part 3 of this Order (other than for articles 35(2) and 36(2)), deemed to be for the purposes of commercial air transport.