Steve6443 wrote:
Reminds me of the description of European legislation principles…In France, everything is allowed unless forbidden.
In Britain, everything is forbidden unless allowed.
In Italy, everything is allowed, even if forbidden.
In Germany, everything is forbidden, even if allowed…
Thanks for the crack up @Steve6443 
In Switzerland, everything is as in Germany…
I think you have France and Britain the wrong way around.
In EASA-land the cost sharing rules seems to be the same for all aeroplanes (non-complex and only up to 6 pax). The rule in question is EU-reg 2019/1384 (part-OPS), article 6 (4a).
“4a. By way of derogation from Article 5(1) and (6), the following operations with other-thancomplex motor-powered aeroplanes and helicopters, may be conducted in accordance with Annex VII:
(a) cost-shared flights by private individuals, on the condition that the direct cost is shared by all the occupants of the aircraft, pilot included and the number of persons sharing the direct costs is limited to six;"
The term “aeroplane”, which may have different meanings in different documents, is defined in article 2 of part-OPS (definitions): “(1) ‘aeroplane’ means an engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings;”
Which must mean that the regulation does not apply for gliders, but for engine driven winged flying contraptions regardless of certification status (but non-complex and only up to 6 pax in the case of cost-sharing).
Outside of the scope of EASA part-OPS article 6, national rules would apply. In Denmark, that would be the Aviation Act (Lov om Luftfart, §75), which specifically allows for cost sharing and general compensation in a number of situations without an AOC, but not in the case of private flying with “strangers”.
How do they define “strangers”?
Not very well, although they do not use that term. This is the source text in Danish:
Stk. 3. Uanset stk. 2 kan der uden tilladelse udføres luftfart mod betaling, såfremt
1) der alene ydes hel eller delvis godtgørelse for de med den pågældende flyvning forbundne omkostninger,
2) pilot og passagerer har nær tilknytning gennem familie- eller venskabsforhold, og
3) flyvningen ikke har været annonceret eller tilbudt offentligt
Number 2 states the condition that pilot and passengers should be closely related through either family or friendship. So it is up to what the judge thinks is closely enough related.
