NCO.GEN.102(f): telling passengers about safety standards

NCO.GEN.102(f) requires you to clearly advise every passenger that a cost-shared flight does not meet the same safety standards as a Commercial Air Transport flight. For non-Part-21 aircraft, ANO 2016 art. 13(2)(f) says the same and adds Public Transport; it is a different thing from the emergency briefing under NCO.OP.130.

The text

NCO.GEN.102(f):

(f) Passengers undertaking the flight must be clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) flight.

ANO 2016 art. 13(2)(f):

(f) passengers undertaking the flight are clearly advised that the flight does not meet the same safety standards as a Commercial Air Transport (CAT) or Public Transport (PT) flight;

The ANO version adds "or Public Transport (PT)", because the ANO uses public transport as its equivalent of CAT for non-Part-21 aircraft.

What it means in practice

"Clearly advised" isn't defined, but the record you must keep under point (g) shows what the advice should cover. AMC1 NCO.GEN.102(g)(a)(4) requires the record to include "Passenger information on the differences and associated risks between Commercial Air Transport (CAT) and flights under this regulation". So the advice should explain the differences and the risks, not just repeat a slogan.

The CAA's cost sharing web page gives a useful framing:

Commercial aviation in large passenger carrying aircraft has now achieved exceptional safety standards, a standard that would be unachievable by lighter sport, recreational and personal transport aircraft. The safety of non-commercial light aircraft is more comparable to other recreational activities than the much higher standard achieved in commercial aviation.

The CAA's template declaration form (CAP 1590B) asks passengers to confirm points including that the flight is not to airline safety standards, that the aircraft is not maintained to commercial airworthiness standards, and that the pilot may hold only a private licence and a lower medical standard. One item of its pilot declaration reads:

I confirm that I have explained to the passengers that the flight is carried out under the cost sharing regulations as a recreational flight and is not subject to the same safety standards as commercial operators such as airlines and that the aircraft is not required to be maintained to the same airworthiness standards as commercially operated aircraft.

Worked example. A week before a trip, you send each passenger a short explanation: you hold a PPL and a Class 2 medical, the aircraft is privately maintained to non-commercial standards, and the safety record of light aircraft is closer to other recreational activities than to airline travel. Each passenger reads it and signs a declaration before the day. At the aircraft you then give the separate emergency briefing.

Not the emergency briefing. NCO.OP.130 requires the pilot in command to "ensure that before or, where appropriate, during the flight, passengers are given a briefing on emergency equipment and procedures." That applies to every passenger flight, cost-shared or not. See giving a passenger briefing.

Grey areas

• Licence holders. AMC1 NCO.GEN.102(g)(b) says "Recording and acceptance of safety standards is not required" for passengers who hold or have held a pilot's licence. It doesn't say the advice in point (f) is waived. The cautious approach is to tell them anyway.
• Children and people who can't sign. AMC1 NCO.GEN.102(g)(d) lets someone with legal authority accept the risks on their behalf. The sources don't say who must receive the advice; the cautious approach is to tell both that person and the passenger.
• Language. "Clearly" isn't explained further. If a passenger doesn't read English well, make sure they genuinely understand.

How to comply

• Explain, before the flight, how the flight differs from CAT and what the risks are.
• Get each passenger's signed acceptance before departure; the passenger declarations guide covers the detail.
• Give the emergency briefing separately at the aircraft.
• Split My Flight sends each passenger the required information and collects their signed declaration online before the flight. The free passenger declaration form works on paper.