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Brac LDSB

There's some grey zone for flight schools that can do a kind of "intro flight" but of course we can't do that on regulat basis for tourists without AOC

This is a big revenue source in the UK. Flying schools can offer "trial lessons". In most cases (that I've seen) the passengers are not interested in learning to fly, but it is an important source of income for schools.

During my PPL training, I got my lesson "bumped" a few times when a short notice trial lesson turned up

That German concession is absolutely amazing. Does the "regularity" apply to the pilot or the aircraft? For example, if ten pilots fly the same plane, can they perform ten public transport flights, one after the other? Or could a single pilot do the same but use ten different planes? I bet German AOC holders absolutely hate it.

PPL cost sharing seems to exist everywhere. Here in the UK, without it, a lot of people fly only if they go say three-up and cost share 3 ways, and they would simply stop flying otherwise. The USA has it too but with a very strict "common purpose" rule which makes it almost unusable if one wants to be 100% legal.

Administrator
Shoreham EGKA, United Kingdom

Far from truth. In Germany, probably the "biggest" GA nation in Europe, there is a concession in it's ANO which allows PPLs, without any further license, in any aircraft up to four seats, to charge for their flights (as much as you want, not only costshare) as long as you don't do it "gewerblich", which, for lack of a better translation, means something like "commercially". What is gewerblich or not is the defined in the law as well. For example, if you don't do it regularly, it is not gewerblich. So, if you only do it occasionally, you can charge, again, as much as you want.

Now I realise this is probably the most accomodating legislation in Europe, and most countries are much much stricter than that, but again, that's how it currently is in Germany. That's also why we have a lot of opposition against the new european legislation which will restrict this.

boscomantico - can you please give me the German reference for this, so I can get it translated?

Administrator
Shoreham EGKA, United Kingdom

can you please give me the German reference for this, so I can get it translated?

§ 20 LuftVG is the relevant provision. It talks about who needs an AOC. Rough translation:

(1) Legal or natural persons and companies require for

  1. commercial (gewerblich) scenic tours in airplanes which are not used for transportation between two different locations;

  2. commercial transport of persons and goods with balloons

an authorization as an air transport company (AOC). Also requiring an authorization is the non commercial (nicht gewerbsmäßige) transport of passengers, mail and/or freight with airplanes for money; excluded from this are flights with airplanes approved for maximum 4 persons. Phrase 1 Nr 1 and phrase 2 do not apply to "Luftsportgeräte" (air sport devices = microlights) and for dropping parachute jumpers.

The term "gewerblich" is not defined by law but there is consistent legal precedence on what the criteria are. It must be over an extended period of time, with the intention of turning a profit and organized like a business. § 20 LuftVG applies to the one organizing the flights, not necessarily the pilot or aircraft owner. A flying club would therefore tell interested parties to directly contact the pilot (and different ones) so they are not the one organizing it. As boscomantico said, it's a bit gray but being tolerated.

EASA will put an end to this. If you look at all the EASA committees, you will find that Germany is pretty much unrepresented due to lack of interest and qualified personnel. I keep reading that Germany dominates the EU but looking at EASA and what it does, there is very little contribution from Germany. Given that a lot about our air law sucks, we benefit from the fact that our positions are not being represented but the few things that are good also do not find its way. A positive example is SERA -- this has 0% Germany in it but I like the outcome

This means you can do overt and unlimited "AOC busting" in Germany, provided you do it in 4-seaters (or smaller) and it is done using pilots who are not employed by the business which fronts it.

I am seriously impressed!

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Administrator
Shoreham EGKA, United Kingdom
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