In aviation, it's not just what you fly that matters, but also in what modeIt is the types of aircraft operations that determine your obligations, liability, insurance, safety framework, and whether you are operating in legal space — or inadvertently in a gray area.

And in practice we see one thing: People often confuse different types of trafficSometimes all it takes is good faith and one "flight contribution" to turn non-commercial operations into commercial operations. And that's a completely different world.

European aircraft operation classification: CAT, NCC, NCO

European rules divide traffic into three main categories:

Part-CAT: Commercial Air Transport

Commercial air transportStrict rules, high demands on safety, certification, crew, maintenance and insurance. And above all: need to have an AOC (Air Operator Certificate).

Part-NCC: Non-Commercial Complex

Non-commercial operation complex aircraft (corporate jets, turboprops…) It is not commercial transport, but the duties are much closer to commercial mode than hobby flying.

Part-NCO: Non-Commercial Other

Non-commercial operation of non-complex aircraft — most GA (General Aviation). Regulation is the most lenient, but it is still not a “rule-free” zone.

Correct classification of traffic is the cornerstone of legal security. Any error in this phase is transmitted in a chain to all other areas.

Private operations, cost sharing, sightseeing flights and grey areas

Private flight (really private)

No economic benefit, no payment, no “compensation.” If you are flying purely for yourself or your company — and it is not offered to the public — it is usually an NCO or NCC.

Shared cost flights – when you contribute but you can't earn money

European rules allow for cost sharing. 

But: – can only be shared direct costs (fuel, aircraft rental, landing fees, handling), 

– the pilot must contribute to the costs,  

– it is impossible to generate profit, it is impossible to repeatedly “organize” flights as a service, it is impossible to offer them to the public in a way that resembles air transport ((although the Czech Civil Aviation Authority allows this, to my surprise).

In practice, many shared cost flights no longer sharing, but hidden commercial transportation.

Introductory flights: a specific regime that deserves attention

Sightseeing flight is not a transport from point A to B. It is therefore not air transport in the sense of Part-CAT – and certainly not a sharing of costs. European legislation classifies them as introductory flightswhich can be carried out for a fee, but only if strict conditions are met.

1) Introductory flights under ATO/DTO (Part-NCO)

This is the most common and legislatively simplest regime:

• years organized by ATO (Approved Training Organization) or DTO (Declared Training Organisation),
• the pilot is an instructor or trainer,
• the purpose is to introduce the public to flying, not transportation,
• typically max. 4 people on board,
• the flight starts and ends at the same airport,
• "Sightseeing flights" cannot be organized as a commercial product outside the framework of training.

In this mode no AOC needed, but all conditions must be met, otherwise the flight will automatically be moved to another category.

2) Sightseeing flights under AOC (Part-CAT)

If sightseeing flights offer carrier with AOC, it is a commercial operation. This allows:

• use a wide range of aircraft,
• offer flights to the public without restrictions on the number of people,
• to set a price as a commercial service.

It is a more robust and freer model – but of course with higher regulatory demands.

3) When is a sightseeing flight a problem?

A typical trip occurs when:

• flights are offered by a club or individual who not an ATO/DTO or AOC,
• the flight is not aimed at training or familiarization with flying,
• fixed prices or "contributions" are offered to the public,
• it is a repeated or advertised activity.

In that case, it is no longer an introductory flight, but a illegal commercial operation.

Sightseeing flights are therefore one of the areas where goodwill most often clashes with the reality of regulation – and where it pays to have it is clear in what mode the flight actually takes place.

Club flights and corporate operations

A common gray area: a club offers “transportation” for a fee. If the club actually organizes flights and passengers pay, it may be a commercial operation, even if it is not called that.

Commercial operation: a completely different mode

Commercial traffic is defined very strictly: it is transportation of persons or goods for remuneration or other economic benefit.

Main differences from non-commercial: 

– necessity AOC (Air Operator Certificate), 

– higher insurance limits, 

– higher requirements for the crew, 

– other flight planning, 

– different maintenance obligations, 

– strict safety rules.

And be careful: The payment does not have to be just monetary.A commercial operation can also be a flight that generates a benefit for the operator — for example, a business opportunity.

Leasing: who is the owner and who is the operator

The criterion is not ownership, but who is the operatorWhile at dry lease The tenant must obtain their own operating approval, if lease wet relies on the lessor's license.

Dry lease

The lessee operates the aircraft, is responsible, must meet the requirements of its regime (including AOC, in the case of commercial).

Wet lease / ACMI

The lessor will supply the aircraft, crew, maintenance and insurance.. The lessee is “just using capacity.” A great tool for fleet expansion, but more legally complicated than it looks.

If it is set incorrectly, it may happen that the operator is actually nobody — and that is a legal and security disaster.

Practical recommendations (brief but important)

• Make sure that you are determining correctly mode of operation.
• If you share costs — do it according to the rules.
• Never don't organize "contribution" flights for the public.
• Look at leasing contracts through the lens of: Who is the operator?
• If the flight generates profit → it is probably already commercial.
• If you are not sure about the mode → ask.

záver

Aircraft operation is not just a technical issue. It is a legal construct that decides who is responsible, who needs an AOC, what insurance limits must be agreed upon and how strict the rules are that you have to comply with. And because the border between modes is sometimes not intuitive, it is surprisingly easy to find yourself outside the boundaries.

Are you planning to buy an aircraft, start an aviation club or review your insurance policies? Let us check if you are in a grey area. This is exactly the moment when it is good to consult an aviation law expert — before you fly apart.

In aviation, prevention pays off more than anywhere else. We provide full-service legal support in the field of aviation. We will solve everything for you, from contracts to negotiations with authorities, so that you can fly with peace of mind. Don't wait for a problem to arise. Don't know how to navigate the types of aviation operations? We will be happy to advise you. Whether you enjoy your plane without a single turbulence or your business soars like a rocket.

JUDr. Ing. Jan Vych, attorney and partner