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EASA news on cost sharing and non commercial operations

Finally (for the first time?) Germany has used its influence to do something good at EASA. Today a letter by the German Federal Ministry of Transport to the aviation authorities of the Bundesländer was published.

Here's what it says.

On Germany's insistance, the following agreement was reached during the EASA committee meeting on July 10-12.

The Commission presented the following clarifications for its directives: in directive 965/2012 section 4a will be added to article 6 regulating the extent of non commercial operations by private pilots. Directive 1178/2011 article 3 will be made more precise, allowing the projected changes to directive 965/2012 to be applied to the licenses of private pilots.

As a result of the initiative of the German ministry [yeah, we rock and we love pilots], supported by several other states, effective immediately the following rules apply:

Passenger transport flights by private pilots for money are possible to the following extent:

  • cost sharing by private pilots with aircraft certified for up to 6 persons provided the cost is shared among all persons (including the pilot);

  • competition or demo flights. In addition to the direct cost, yearly fixed costs can also be applied pro rata and prize money can be accepted;

  • introductory flights by organizations (clubs, associations) or training organizations according to directive 1178/2011 whose goal is training towards a license or promoting aviation;

  • dropping off parajumpers, towing gliders or aerobatics by organizations (clubs, associations) or training organizations according to directive 1178/2011 whose goal is training torwards a license or promoting aviation.

These changes are expected to be finalized in September 2013 and published in January 2014.

The above mentioned rights are granted to holders of licenses according to directive 1178/2001 appendix I, part B and C. Flights by holders of LAPL are limited to 4 persons on board.

The above mentioned types of flights are non commercial flights according to [German law reference] and do not require permission until at least 28 October 2014. Therefore an AOC is not required.

Additional regulations my result from the implementation of directive 965/2012.

What does

introductory flights by organizations (clubs, associations) or training organizations according to directive 1178/2011 whose goal is training towards a license or promoting aviation;

exactly mean?

What extent of cost sharing would be allowed?

This is very good news.

Administrator
Shoreham EGKA, United Kingdom

Is this an exception granted to Germany, or would this be applied globally? I presume the latter, as like the IMCr, EASA want global harmonisation with their rule sets.

The German word is "Einweisungsflüge" which can be translated as "familiarization flights", i.e. when you want to fly a new type of aircraft. The person doing it with you does not have to hold a CPL and can charge for it but it has to be part of an aeroclub or training organization.

What extent of cost sharing would be allowed?

That is what this letter is about The word they use is "Selbstkosten" which means "cost price". That is the old regulation where it was deliberately vague. Basically everything that doesn't mean you're flying passengers and making money off it.

For the demo flights, they allow more costs to be applied. This is for booking aircraft for shows, often they're flown by private pilots. If your Extra 300 costs you 20 000 € a year and you use it to do aerobatics at shows, you can charge so that in addition to the costs per show, you also recover your 20 000 € a year for maintenance, hangar, etc.

Instead of pulling off this stunt (ignore EU law for now and get it changed in 2014), Germany could also have participated in the Part FCL working groups but for something like that, our thousands of government employees don't have time.

It is very good news because the relaxed German interpretation of non profit flights will now be extended to the whole EU. Everybody will benefit and our ministry are happy about this PR coup. Evil EASA was put back on track by the German Robin Hood of private pilots.

Is this an exception granted to Germany, or would this be applied globally? I presume the latter, as like the IMCr, EASA want global harmonisation with their rule sets.

It will be put in the directive so for every country but right now, Germany chose to break the EU law knowing that the only body that can sue Germany for breaking the law is the EU Commission and they know that it won't do that. Others will have to wait until 2014 unless their government issues a similar decree. However, I don't think anybody would get in trouble with this change on the way.

The UK should look at this sledgehammer approach that Germany took and do the same for the IMCr. It's something worth fighting for, even playing dirty.

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