Cost sharing flights in the UK are changing
The CAA have published their results and responses to the 2021 consultation on strengthening the definitions and rules associated with cost sharing flights in the UK. These are set to be ratified and adopted into the Air Navigation Order in 2023 - it's important you're prepared.
Background
What's the story with UK Cost Sharing?
The regulations in the UK covering cost sharing have long been a source of confusion and argument amongst recreational aviators - with many believing that cost sharing flights are outright illegal, whilst others manage to run something equivalent of their own private charter company.
The UK's approach to cost sharing has historically been outlined as:
- There can be no profit made from the flight; and
- Only direct costs can be shared amongst passengers; also
- The pilot must make a 'contribution' towards those costs.
It's fair to say that these rules have tended to be on the lenient side and allow individuals to follow them as they're written, but not in spirit.
So, what's happening?
In 2021, the CAA launched a consultation on UK Cost Shared Flights, inviting feedback from the wider community to establish the impact such regulatory changes might have. In December 2022, the CAA published their findings and responses to these opinions, making it clear that they will be continuing with their intended course of action.
UK CAA CAP 2270 - Consultation Document
One of the problems encountered when dealing with cost sharing flights is where pilots and passengers of Illegal Commercial Air Transport collude to present illegal flights as legal cost shared flights.
The Future
How will this impact you?
And what can you do to safeguard your own cost shared flights?
Pilot and Passenger Declarations
Keeping things compliant
The biggest burden on individual pilots is now likely to be the need to maintain a papertrail of flights and demonstrate the information that was provided to passengers prior to the flight commencing.
The expectation is that these declarations clearly outline that passengers are taking part in a recreational flight, carried out by a pilot who may not hold a commercial license, in an aircraft that may be maintained and operated to much lower standards than that expected from commercial flights.
CAP 2270 provides a sample of the agreement that the CAA would expect to see used for these flights
Document retention
Think of all that paper
With all of this paperwork cluttering up your flight bag, where are you going to store your whiz-wheel, and how far aft is your CoG going to be?
It isn't just a case of having a copy of the declaration for presentation before or during the flight, the CAA have outlined their expectation that pilots must retain this documentation for a minimum of 6 months after the flight commences. Nobody needs all that paperwork ruining their weight and balance calculations.
What about flight sharing platforms?
Whilst individual flight sharing platforms might provide some kind of equivalent service to users of the platform, what if you're a member of multiple platforms? Or, what if you're not a member of any but simply sharing flights with people from your local community of friends and acquaintances.
So, to summarise...
What are the key facts?
Whilst these haven't been ratified into the ANO yet, they are coming.
Direct costs
Only the costs directly associated with the flight (landing fees, hire, fuel, etc) can be shared amongst passengers. Ownership fees are not permitted.
Common Purpose
For A-to-B flights, the PIC and passengers must have a common purpose for travel, other than remuneration or other valuable consideration.
Equal Shares
Gone are the days when pilots could pay £1 - the ANO will stipulate that costs must be shared equally, although the PIC can choose to pay more.
Max 6 Occupants
Including the pilot, the maximum number of people onboard an aircraft that is cost sharing is 6. There is no age limit or consideration for animals.
Safety standards identified
It will be the requirement of the pilot/operator to make clear to passengers that this is a cost sharing recreational flight and not a public transport flight.
Record keeping
A record must be kept that each passenger confirms they understand the risks, and the provision of the cost sharing flight, for 6 months post flight.
Full details can be found from the CAA in CAP 2391. Compliance remains the responsibility of the PIC.
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