曝光台 注意防骗
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might apply.
Since, in most circumstances, light
aircraft are chartered to a sole user,
most "charter" flights could in fact
be called private flights (if not for
the ANO) unless the aircraft is being
used during flight for commercial,
industrial or gainful purposes.
The user (that is, the hirer) is using
the aircraft for his own purposes
(unless buying and selling is going on
in the back) and the "operator" is the
pilot. Whoever hires out the aircraft
to the user could be held to be their
agent in respect of maintenance and
all the other things needed to keep
the aircraft flying. If passengers are
being carried for separate fares, on
the other hand, then the aircraft is
being used in that way by the person
with the right to the money.
But beware! The terms of an AOC
could be enforceable if made as the
terms of an Air Transport Licence.
If an aircraft is being used for the
carriage for reward of passengers or
cargo, the CAA may apply air
transport licensing even if the
aircraft is not being used for
anything resembling Commercial Air
Transport or commercial or other
gainful purposes.
All that being said, what about the
situation where you're asked to do a
job and you're not sure what's going
on? Do you feel up to actually asking
for a certificate to say a flight is not
Commercial Air Transport? This is
plainly impractical, so you need to
know a few ins and outs to protect
yourself (please note the intention is
not to enable you to fly illegally!).
A workable CAT flight (ANO
definition) must have the following:
· An Air Operator's Certificate
issued to "the operator"
· The crew must have current
licences (e.g. CPL/ATPL) and
be type rated, base/line
checked, etc. in accordance with
the operator's Operations
Manual (indeed, the whole flight
must be conducted under it).
· The aircraft must have a
(current) Transport Category C
of A, Certificates of
Maintenance Review and
Release to Service, Technical
Log (with Deferred Defect
Sheet), Passenger Briefing
Leaflets and all legally required
equipment (Fire extinguishers,
placards, etc.).
You may be able to get around these
requirements by ensuring that the
Legal Stuff 285
person hiring the aircraft does so
with a separate contract than the one
he hires you with, and you'll be
better off if you can also prove that
you weren't paid, or at least you were
an employee of the hirer's organisation
(if you do this, you may have
to show that the enabling Act only
permits an Air Navigation Order to
make different pilot licensing
provisions according to whether the
person concerned is actually
employed or merely engaged in a
flight crew capacity). You could also
get base and line checked by a
proper company and put it through
their books, but don't forget you
must use their Ops Manual and
other documentation.
Finally, you could resort to drastic
measures and form a company for a
short time with nothing in its
memorandum and articles of
association about gainful use of
aircraft or hiring out by the hour.
There is a Common Law rule that
you cannot buy or hire from
yourself—this is the basis upon
which co-ownership groups and
non-profit members clubs are run in
every walk of life. However, the
ANO says that any agreement
between any such organisations, or
members of them (this also means
within the same group), in respect of
a situation where valuable
consideration would normally be
expected, would be considered as if
it had been given anyway. This is
notwithstanding any rule of law as to
such transactions; in other words,
the Common Law purports to be
specifically overridden, yet it is not
clear from the enabling Act that the
ANO is permitted to do this, that is,
put Common Law into abeyance.
An unincorporated non-profit
members' club can be created for a
specific purpose or occasion and
exist for one flight or a day only,
being dissolved once it has served its
purpose. They should pay for their
own operating costs to avoid the
inference of valuable consideration.
For instance, it should not be too
difficult for a group of parachutists
to form a club for the day for the
purposes of hiring an aircraft.
However, the paperwork must be
sound and, as I said, these are drastic
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