Regulation 13 Amendment of Annexes to Commission Regulation (EU) No 965/2012

In Annex 1 (definitions)—

In Annex 7 (non-commercial air operations with other-than complex motor-powered aircraft – part-NCO), in Subpart A (general requirements), after point NCO.GEN.101 (means of compliance) insert—

“NCO.GEN.102 Cost-shared flights

Cost-shared flights referred to in Article 6(4a)(a) must comply with the following:

(a)

No more than six persons (including the pilot) are to be carried on the flight.

(b)

All costs other than direct costs must be paid by the pilot with no contribution from the passengers.

(c)

The contribution referred to in Article 6(4a)(a) is an amount not more than the total direct costs divided equally by the number of persons carried (including the pilot).

(d)

The flight must be operated by a private individual.

(e)

No person acting as a pilot is employed as a pilot or acting under a contract for the provision of services as a pilot for the flight.

(f)

Passengers undertaking the flight must be clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) flight.

(g)

For each passenger, a record must be made attesting to:

(1)

their having been clearly advised that the flight does not meet the same safety standards as a CAT flight; and

(2)

their acceptance of this fact as indicated by their signed declaration to this effect.

(h)

The records referred to in (g) above must be:

(1)

completed prior to the flight;

(2)

retained by the operator of the flight for a period of 6 months from the date of the flight; and

(3)

produced by the operator of the flight when requested by a person who is an Authorised Person within the meaning given in Schedule 1 to the Air Navigation Order 2016.

(i)

Where advertisement or promotion of the flight occurs, the advertisement or promotion:

(1)

must be placed by the pilot intending to operate the flight; and

(2)

must include:

(i)

a statement that the flight is a private arrangement not conducted in accordance with CAT safety standards;

(ii)

the start and end locations of the flight;

(iii)

the date when the pilot is available to conduct the flight;

(iv)

the licence type held by the pilot;

(v)

the class of medical certificate or medical declaration held by the pilot;

(vi)

the total number of hours flown by the pilot; and

(vii)

the total number of hours flown by the pilot in the advertised aircraft type in the three months prior to the advertisement being placed.”.