Article 6(4a): the cost-shared flights derogation

Article 6(4a)(a) of UK Regulation (EU) No 965/2012 is the provision that lets a private pilot share the costs of a flight in a Part-21 aeroplane or helicopter without the flight being treated as commercial air transport. It covers only other-than-complex motor-powered aeroplanes and helicopters, only flights by private individuals, and only where every condition in NCO.GEN.102 is met and the passengers give the pilot nothing beyond a contribution towards the direct costs.

The text

Article 6(4a), with point (a) as substituted from 1 October 2025 by SI 2025/878 reg 12 (legislation.gov.uk annotation markers removed):

4a. By way of derogation from Article 5(1) and (6), the following operations with other-than-complex motor-powered aeroplanes and helicopters may be conducted in accordance with Annex VII:

(a) cost-shared flights by private individuals, where the conditions of NCO.GEN.102 are satisfied and on condition that the only remuneration or other valuable consideration given or promised for the flight to the pilot by the passengers is a contribution towards the direct costs of the flight which would otherwise be payable by the pilot in command;

(b) competition flights or flying displays, on the condition that the remuneration or any valuable consideration given for such flights is limited to recovery of direct costs and a proportionate contribution to annual costs, as well as prizes of no more than a value specified by the CAA;

(c) introductory flights, parachute dropping, sailplane towing or aerobatic flights performed either by a training organisation having its principal place of business in the United Kingdom and referred to in Article 10a of Regulation (EU) No 1178/2011, or by an organisation created with the aim of promoting aerial sport or leisure aviation, on the condition that the aircraft is operated by the organisation on the basis of ownership or dry lease, that the flight does not generate profits distributed outside of the organisation, and that whenever non-members of the organisation are involved, such flights represent only a marginal activity of the organisation.

Article 2(12), inserted on the same date, limits "direct costs" to fuel, oil, airfield charges and aircraft rental fees at current market rate; it is quoted in full on the point (c) page.

For non-Part-21 aircraft the equivalent is 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.

The ANO declares the flight non-commercial rather than granting a derogation, and adds a "no valuable consideration" limb; see the ANO article 13 page.

What it means in practice

Annex VII is Part-NCO. A flight inside Article 6(4a)(a) is flown under the non-commercial operating rules, so you need no AOC and no commercial licence. CAP 1590 (guidance), paras 4 to 5, describes the alternative: a passenger flight for remuneration or other valuable consideration is CAT, which needs an AOC, at least a CPL, and an aircraft certificated and maintained to the appropriate standards. See cost sharing vs charter.

Other-than-complex. CAP 1590, para 33, defines a complex aeroplane as one with a maximum certificated take-off mass over 5,700 kg, more than 19 passenger seats, a minimum crew of two pilots, or a turbojet engine or more than one turboprop. Helicopters over 3,175 kg, with more than 9 passenger seats or a two-pilot minimum crew are complex too. The light singles and piston twins most private pilots fly are other-than-complex.

Two conditions, both required. Every point of NCO.GEN.102, from the six-person limit to the advertising rules, must be met, and passengers give nothing but a contribution towards direct costs. CAP 1590, para 40, treats anything "of more than a nominal nature" given under an agreement as valuable consideration.

Worked example. You hire a PA-28 with two friends, and they each pay a third of the fuel, landing fees and hire: that fits limb (a). If one also pays your club subscription in return for the seat, that is consideration beyond direct costs, and the derogation no longer applies.

Limbs (b) and (c) are not cost sharing. Limb (b) lets competition and display flights recover "a proportionate contribution to annual costs", which limb (a) does not allow. Limb (c) belongs to organisations: Article 2(9) defines an introductory flight as "an air tour of short duration for the purpose of attracting new trainees or new members" performed by a training or aerial sport organisation. A private pilot cannot rely on either for a cost-shared trip.

Grey areas

• Entirely free flights. Article 6(4a)(a) does not mention flights with no consideration at all, while ANO art. 13(1)(a) does. The sources don't settle whether a free Part-21 flight must meet NCO.GEN.102. The cautious approach is to meet every NCO.GEN.102 condition, including the passenger declaration, even when nobody pays; see flying friends and family for free.
• Sailplanes and balloons. CAP 1590, para 10, refers to Article 3(2)(a) of the UK Sailplane and Balloon Regulations instead.

How to comply

• Confirm the aircraft is a Part-21, other-than-complex aeroplane or helicopter; for permit aircraft and microlights, ANO art. 13 applies.
• Take nothing from passengers except a share of fuel, oil, airfield charges and hire at market rate.
• Meet NCO.GEN.102 points (a) to (i); see the regulations overview and compliance checklist.