Legal basis
Under Article 12 of the Air Navigation Order (ANO)
2016, a flight in a non-EASA aircraft is considered non-commercial if the only
valuable consideration given or promised for the flight is to a registered
charity. To clarify, the charity must receive all proceeds from the flight and
the cost of the flight itself must be covered by the pilot. The charity may not
be the operator of the aircraft.
For EASA aircraft, the CAA considers flights made under
the same conditions to also be non-commercial and therefore may comply with
this guidance.
In England and Wales, a registered charity is a
charity registered under section 30 of the Charities Act 2011. In Scotland, it
is a body entered in the Scottish Charity Register as defined under section 106
of the Charities and Trustee Investment (Scotland) Act 2005. In Northern
Ireland, it is an institution which is established for exclusively charitable
purposes and is subject to the control of the High Court, as defined under the
Charities Act (Northern Ireland) 2008.
Provided flights are conducted on this basis, there
is no need to apply to the CAA for permission to conduct a charity flight. Air
Operator Certificate (AOC) holders wishing to conduct similar flights must
comply with the applicable EASA operational regulations.
Charity flight guidance for private flights
We recommend that any private pilot intending to
offer a flight as a prize to a member of the public as part of fund raising
activities for a registered charity ensure that the charity understands that
the flight is a private recreational flight and that it should be considered in
the same way as other recreational prizes.
The charity should clearly understand that the flight is not without
risk and that the levels of safety and oversight are very different from those associated
with a commercial flight or a flying lesson provided by a training school. If this is not acceptable to the charity and
higher levels of safety are required, it should be suggested that consideration
be given into offering a prize of a commercial aviation activity, such as a
flight with an AOC holder or flying school.
In addition to the normal pilot in command
responsibilities concerning passengers, when offering a non-commercial flight
as a charity flight, pilots should also ensure passengers understand that the
flight is a recreational private flight and like any recreational activity
carries an element of risk. Whilst that risk may be similar to other
recreational activities, it does not achieve the same safety standard as that of
a commercial airline flight. Pilots may use whatever means they think
appropriate to set the context of the flight as a recreational activity. Every
opportunity should be given for the passenger to decline the flight if they so
choose. It should also be made clear to the passenger that flights in light
aircraft are dependent on weather and other operational factors. The flight may
not be able to take place on a particular day if conditions are unsuitable.
As there are no legal airworthiness and licensing requirements
for paramotors, paragliders and hang gliders, it is strongly recommended that
such flights meet the standards as detailed in the rules and requirements of
the British Hang Gliding and Paragliding Association (BHPA), or an equivalent
organisation.
Insurance
Before conducting a charity flight, it is
recommended that pilots check that their level of insurance is sufficient to cover
the purpose of the intended flight. Pilots
should also ask the recipient of the flight to check that any life and/or
private health insurance cover held is appropriate and valid for such
activities.
This guidance is also available as CAP 1330: Charity flight guidance.