The Air Navigation Order 2009 (revoked)

Public transport – special rules for hire of aircraft U.K.

262.—(1) Subject to the provisions of this article and this Part, an aircraft in flight is deemed to fly for the purpose of public transport for the purposes of Part 3 and Part 4 (other than articles 37(2) and 39(2)), if valuable consideration is given or promised for the primary purpose of conferring on a particular person the right to fly the aircraft on that flight.

(2) Paragraph (1) does not apply to any single-seat aircraft which has a maximum total weight authorised of not more than 910kg otherwise than under a hire-purchase or conditional sale agreement.

(3) Paragraph (1) does not apply if the only such valuable consideration is paid under a hire-purchase or conditional sale agreement.

(4) Notwithstanding that an aircraft may be flying for the purpose of public transport by reason of paragraph (1), it is not flying for the purpose of the public transport of passengers unless valuable consideration is given or promised for the carriage of those passengers.

(5) A glider is not flying for the purpose of public transport for the purposes of Part 3 and Part 4 by virtue of paragraph (1) if the valuable consideration given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.

(6) Notwithstanding the giving or promising of valuable consideration specified in paragraph (1) for the flight or the purpose of the flight it is a private flight—

(a) subject to sub-paragraph (b), for all purposes other than Part 3 and Part 4; and

(b) for the purposes of articles 37(2) and 39(2).