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aircraft to be stopped from flying
over such areas as may be specified
in the Order. It also allows the ANO
to provide for exemptions, so, unless
specified in the ANO, or exempt
under the terms given in it,
prohibited airspace does not exist.
Mere "notification" of its existence
may not be enough.
Commercial Air Transport?
WARNING! This is complicated
and causes acute brainfade!
Public, or Commercial, Air
Transport is defined in the ANO as
being where valuable consideration
is given (or promised) for the carriage
of passengers or cargo on a flight (it
actually says in the aircraft on that flight,
but you know what I mean). Aerial
work is anything else for which
valuable consideration is given.
In addition, it covers anyone or
anything that may be carried free on
that flight, not being employees of
any air transport undertaking that
may be operating it (although it
looks as if it's worded otherwise,
company directors and anyone
working on behalf of the CAA, such
as Authorised Persons and TREs,
are employees for this purpose).
Thus, if you carry a passenger (say, a
friend) on a check flight who is not
an employee or a director of your
Company, it will be regarded as
Public, or Commercial, Air
Transport, even though valuable
consideration is not promised or
given. In the USA, even if you do a
job for charity that only gives you a
282 Operational Flying
tax break, and even if you don’t take
advantage of it, that’s the equivalent.
If the valuable consideration allows a
particular person to fly an aircraft,
then that is also Public Transport
(unless it's being bought on HP or a
conditional sale agreement).
Presumably this is meant to cover
self-fly hire, or maybe trial lessons,
since the phrase used is "fly the
aircraft" rather than "fly in the
aircraft". Although that person may
not be an employee of the operating
organisation, crews are not
passengers (although they may be for
insurance purposes, so I don't see
where this one fits in, as CAT only
exists when passengers or cargo are
carried for valuable consideration).
However, these clauses are the only
ones to affect the average
professional. Otherwise, in broad
terms, you are allowed to win prizes
in air races (up to certain limits) and
recover direct costs and a pro rata
contribution to the amount of hours
flown every year if you go to air
shows and the like. If a payment is
made to a (registered) charity (with
CAA permission) that allows
someone (maybe a prizewinner) to
fly, that is a private flight. Equal
contributions to the direct costs of a
flight borne by the pilot if up to four
persons (including the pilot) fly in an
aircraft are exempt, but direct costs
do not mean HP payments,
insurance, hangarage.....
There must also have been no
advertising for that flight, except in
the confines of a flying club, in
which case all passengers (over 18)
must be members. It also helps if the
pilot is seen not to be employed as
such (this situation is what anyone
else would call "cost-sharing"). A
similar situation exists where a pilot
reclaims direct expenses paid out on
behalf of an employer. There are
other exemptions, such as joint or
company owned aircraft.
Remunerated parachute dropping
(and positioning for it) is regarded as
aerial work.
In Canada, a Commercial Air Service
means any use of aircraft for hire or
reward, and different regulations
apply for aerial work, air taxi,
commuter or airline operations. An
Air Transport Service means a
commercial air service operated to
transport persons, their belongings,
baggage, goods or cargo in an
aircraft between two points (does
this mean that if you take off and
land from the same place you’re not
an Air Transport Service?).
Let's have a closer look at the words
"valuable consideration" as an
example of not-so-good drafting.
The word "consideration" means
money or something of money's
worth that is more than merely
nominal. It is legal expression
referring to something that is used to
bind a contract, even the chocolate
wrappers sent in to a manufacturer
to obtain a free gift.
The word "consideration" by itself
would have been enough, but
somebody saw fit to add "valuable"
in front of it, which changes the
　
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