Advice on Legal Matter

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Advice on Legal Matter

Postby Hatman » Mon Apr 18, 2016 8:58 pm

Here is the scenario:

(it is not me but a friend who needs clarity)

I work for a company that owns a microlight. Bantam/Bathawk type.
I am employed as a Game Ranger as my main function. From time to time I fly my microlight to do patrols and assist in anti poaching operations a part of my job.
As I earn a salary I could be deemed to be flying for reward. I have a PPL with endorsed to fly a microlight.

Does anyone have any ideas.....
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Re: Advice on Legal Matter

Postby Tumbleweed » Tue Apr 19, 2016 7:38 am

My layman opinion; As long as you don't offer a professional flying service, in other words, on your job description it should not be stated that you are obligated to fly, particularly specific functions like dawn fence patrols.

Have you replaced a previously paid professional flying service? Make sure your employers do not charge neighbours for your flying activity.

I'm sure you are not remunerated as per hours flown. Whether they deposit a performance bonus in your account to compensate any license upgrade, renewals e.t.c. its got nothing to do with anyone.

In a worst case scenario, you don't want to claim from workman's compensation for an injury on duty in the event there's an incident or a widow claiming the employers are liable for making someone fly in adverse conditions or an unregulated aircraft.
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Re: Advice on Legal Matter

Postby justin.schoeman » Tue Apr 19, 2016 8:53 am

61.03.5 (5) The holder of a PPL (Aeroplane) may –
(a)act as co-pilot of any aeroplane on which a co-pilot is not a requirement;
(b)may not act as PIC of an aeroplane that is carrying passengers or freight for reward or hire.
(c)may not be remunerated for acting in any pilot capacity in an aeroplane.
(d)act as a pilot-in command of an aeroplane in the course of his or her own or employer’s business, provided that –
(i)the flight is only incidental to that business or employment; and
(ii)the aeroplane does not carry passengers or freight for reward or hire
Holding a PPL, it is pretty straight forward - as long as you are not employed to fly an aeroplane, but it is a forseable part of the job, it is fine.

Not sure about NPL though as it does not have this exclusion clause.

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