There has been a long-standing GA Programme item to look at further liberalising the use of smaller GA permit aircraft for commercial operations that consist of flight training and/or their use for self-fly hire.
In November 2015, the CAA published ORS1143 to permit owners or joint owners of permit aircraft to receive any type of training in their own aircraft as a ‘quick win’ approach in advance of a wider piece of work on training in permit to fly aircraft. ORS1143 has now been discontinued because the substantive effect of it is embodied in the ANO 2016 insofar as joint owners may now pay for training in their own aircraft.
Flying instruction and hire of aircraft, is considered to be a commercial operation. Article 42 of the Air Navigation order (ANO) 2016 states that aircraft on National Permit to Fly must not fly for commercial operations or for hire without the permission of the CAA. Currently we permit the use of ‘Type Approved’ aircraft to carry out these specific operations through a General Permission contained within Official Record Series 4 (ORS4) 1240.
After substantial consultation with internal and external stakeholders, we now allow flight instruction and self-fly hire to utilise aircraft flying in accordance with a National Permit to Fly subject to specified conditions. This relaxation has been published through an additional General Permission and is designed to sit alongside the General Permission already in place for Type Approved microlight’s and gyroplanes.
This permission does not apply to flight instruction and examination where the recipient does not hold a licence, except when the recipient is:
- The registered owner or joint-owner, or
- A registered shareholder of the company of which owns the aircraft, or
- Is the spouse or child of a registered sole or joint owner.
Since with ANO 2016, Permit aircraft can be used for training if they are the owner as this is considered to be a non-commercial operation. Commercial operations being defined in Article 7. The term ‘Commercial Operation’ is used now, which removes complexity from situations involving legitimate joint-owned aircraft when payments are made by the owner of the aircraft (for example to an instructor) such that they remain non-commercial.
For amateur built aircraft that are not type approved, Ab initio training is not allowed at this time and will be subject to further future consideration. Nevertheless, if the recipient or candidate already holds a valid license for the same aircraft category, then flight instruction and examination will be allowed.
Introductory Flights in accordance with Article 15 of the ANO will only be permitted on aircraft that are either “Type Approved” or is a type formerly holding a UK Certificate of Airworthiness, in respect of which, there is a ‘Type Responsibility Agreement’ with the CAA under BCAR A5-1 and the operator will have entered into an arrangement with the TRA holder for such operation.
This permission does not apply to flight instruction or examination in Ex-Military aircraft that are operated in accordance with CAP 632, since these are addressed by separated arrangements within CAP 632 and through the Aeronautical Information Circular W 055/2016.
The latest revision of British Microlight Aircraft Association (BMAA) Technical Information Leaflet No.32 for hire.
The latest revision of the Light Aircraft Association (LAA) Technical Leaflet TL 2.09 'Pilot Training, Introductory Flights and Self Fly Hire' can be found here.
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