Article 13 of the Air Navigation Order 2016 is the cost-sharing rule for non-Part-21 aircraft: UK permit aircraft, microlights and other aircraft outside the UK Basic Regulation. Since 1 October 2025 its conditions mirror NCO.GEN.102 almost word for word, with a few differences: it refers to Public Transport as well as CAT, it lets the pilot or the operator place adverts, and it covers flights with no payment at all.
The text
ANO 2016 art. 13(1):
13.—(1) A flight is a non-commercial flight if—
(a) there has been no valuable consideration or the only valuable consideration given or promised for the flight to the pilot by the passengers is a contribution to the direct costs of the flight otherwise payable by the pilot in command; and
(b) the criteria in paragraph (2) are satisfied.
Paragraph (2), substituted from 1 October 2025, sets criteria (a) to (i). These match NCO.GEN.102(a) to (i), and each has its own page in this series. The wording differs in these places:
| Point | NCO.GEN.102 | ANO art. 13 |
|---|---|---|
| Legal mechanism | Conditions of the Article 6(4a)(a) derogation | Criteria that make the flight "a non-commercial flight" |
| No payment at all | Not mentioned | "there has been no valuable consideration or..." (13(1)(a)) |
| (f) safety standard | "a Commercial Air Transport (CAT) flight" | "a Commercial Air Transport (CAT) or Public Transport (PT) flight" |
| (g) record wording | "a CAT flight" | "a CAT or PT flight" |
| (h) records produced to | "a person who is an Authorised Person within the meaning given in Schedule 1 to the Air Navigation Order 2016" | "an Authorised Person" |
| (i) advert placed by | "the pilot intending to operate the flight" | "the pilot or operator of the flight" (13(3)(a)) |
| (i) advert statement | "not conducted in accordance with CAT safety standards" | "not conducted in accordance with CAT or PT safety standards" (13(3)(b)) |
"Direct costs" is defined in ANO Schedule 1 in the same four items as Article 2(12) of Regulation 965/2012: fuel, oil, airfield charges and aircraft rental fees at current market rate.
Which aircraft it covers
CAP 1590 (guidance), para 7, says "Article 13 of the Order also allows cost-sharing for what would otherwise be a PT flight and aligns those aircraft which are not subject to the Air Operations regulation to that derogation." Para 9 puts the scope as "other-than complex motor-powered Part 21 aircraft and non-Part 21 non-complex motor-powered aircraft registered in the UK", and para 32 says non-Part 21 aircraft "are covered by the UK Air Navigation Order (ANO) 2016."
In practice that means UK permit aircraft, including homebuilt types, and microlights. Part-21 aeroplanes and helicopters use Article 6(4a) and NCO.GEN.102 instead. Sailplanes and balloons are referred elsewhere (CAP 1590, para 10).
What it means in practice
The day-to-day rules are the same as for a Part-21 aircraft: six persons at most, direct costs only, an equal-share cap, a private, unpaid pilot, safety advice, signed records and advert content. The aircraft or licence often sets a lower headcount. A microlight is "designed to carry not more than two persons" (ANO Schedule 1, para 4), and an NPPL(A) is limited to four persons in total.
Worked example. You fly a two-seat microlight to a fly-in with one passenger. Direct costs are £60 of fuel and a £20 landing fee: £80. Under art. 13(2)(c) your passenger can pay at most £40. They need the safety advice and a signed declaration before the flight, and you keep the record for six months. If you posted the trip on a forum, the post had to carry the safety statement and the six facts in art. 13(3).
Before 1 October 2025, art. 13 allowed only four persons and prohibited advertising except within a flying club. See what changed in October 2025.
Grey areas
- Free flights. On the face of the text, the no-payment limb in 13(1)(a) still requires the paragraph (2) criteria for the flight to count as non-commercial under art. 13. The sources don't say what status a free flight that misses a criterion would have. The cautious approach is to meet every criterion, including the declaration, even when nobody pays.
- "Operator" for adverts. Art. 13(3)(a) allows the operator to place an advert but doesn't say who that is for a privately owned permit aircraft. The cautious approach is for the pilot to place it.
How to comply
- Confirm the aircraft is non-Part-21 and UK-registered.
- Check the lowest headcount limit: art. 13, your licence (cost sharing by licence) and the aircraft.
- Apply the same conditions as NCO.GEN.102, using "CAT or PT" in your safety advice and adverts; the advertising rule page has an example.
- Keep a signed record for each passenger who needs one.
Frequently asked questions
- Does article 13 apply to my permit aircraft?
- Yes, if it is a non-Part-21 aircraft registered in the UK. CAP 1590 says the cost-sharing arrangements apply to non-Part 21 non-complex motor-powered aircraft registered in the UK, and article 13 is the rule for them.
- How many people can I carry in a microlight?
- Two, including you. A microlight aeroplane is defined in ANO Schedule 1 as designed to carry not more than two persons, which is lower than the six allowed by article 13(2)(a).
- Are the conditions the same as NCO.GEN.102?
- Almost. Since 1 October 2025 article 13(2) mirrors NCO.GEN.102 point by point. The differences are that the ANO refers to CAT or PT, lets the pilot or operator place an advert, and has a no-valuable-consideration limb.
- Does article 13 cover gliders and balloons?
- CAP 1590 refers sailplanes, including powered sailplanes, and balloons to Article 3(2)(a) of the UK Sailplane and Balloon Regulations instead.
This guide summarises the CAA's published guidance and is not legal advice. Always check the latest version of CAP 1590 before you fly. Compliance remains the responsibility of the pilot in command.
Related guides
Cost sharing on a PPL, LAPL or NPPL
How UK cost-sharing rules apply to PPL, LAPL(A) and NPPL(A) holders: passenger limits, aircraft mass, microlights, recency and why there's no minimum hours.
What changed on 1 October 2025 for cost sharing
A before and after table of the UK cost sharing rule changes from 1 October 2025, and what they mean in practice for private pilots flying passengers.
Article 6(4a): the cost-shared flights derogation
Article 6(4a)(a) of Reg 965/2012 lets private pilots fly cost-shared flights in other-than-complex aeroplanes and helicopters. The text and what it means.
NCO.GEN.102(i): what a cost-sharing advert must say
NCO.GEN.102(i) says a cost-sharing advert must be placed by the pilot and carry a safety statement plus six facts. The text, ANO art. 13(3) and an example.