1097. Public transport.

For the purposes of the Air Navigation Order 20161 'public transport aircraft' means an aircraft flying, or intended by the operator of the aircraft to fly, for the purpose of public transport2. An aircraft in flight3 is deemed to fly on a public transport flight if4:

  1.  

    (1)     it is an A to A commercial air transport helicopter operation5; or

  2.  

    (2)     the following conditions are satisfied:

    1.  

      (a)     the flight is not a flight for the purpose of commercial air transport6; and

    2.  

      (b)     the flight is:

    3.  

      (c)     for the carriage of passengers7 or cargo8 and valuable consideration9 is given or promised

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