CAP 1590 (guidance), para 5 states:
If a flight is CAT or PT, the operator must have an Air Operator’s Certificate (AOC); the pilot must hold at least a Commercial Pilot’s Licence (CPL); and the aircraft must be certificated and maintained in accordance with the appropriate airworthiness requirements.
The cost sharing rules exist so that private pilots can share the direct costs of a flight without any of that. A flight that meets NCO.GEN.102 (Part-21 aircraft) or ANO 2016 art. 13 (non-Part-21 aircraft) is treated as non-commercial, so no AOC is needed.
If the conditions are not met, for example because passengers pay more than their equal share or the flight is run by a company, the flight falls back into CAT or PT. The ANO lists the related offences in Schedule 13 Part 3:
| Article | Subject matter |
|---|---|
| 101(1) | Aircraft not to fly for public transport without AOC |
| 103 | Aircraft not to fly on a commercial air transport operation except under a Part-CAT AOC |
| 104(1) | Offering commercial air transport and public transport flights without AOC |
Offences in Part 3 are punishable under ANO art. 265(7), and art. 265(1) deems both the operator and the pilot in command to have contravened a provision broken in relation to an aircraft. See cost sharing vs charter for where the line sits.
Source: CAP 1590 (guidance), para 5; ANO 2016, Schedule 13 Part 3
Read more in our guides
- Can a private pilot charge passengers? A UK private pilot can't make a profit, but passengers can pay up to an equal share of the direct costs. Here's how the split works, with an example.
- Cost sharing vs charter: when you need an AOC How a cost sharing flight differs from commercial air transport, when an AOC and a CPL are needed, what valuable consideration means, and the penalties.
Related terms
Back to the glossary. Definitions summarise the legislation and CAA guidance and are not legal advice.