Cost-Sharing Trip to Kaikoura

Part 91 permits a private flight where the pilot is not carrying passengers for hire or reward. The CAA's guidance on cost-sharing looks at substance: is there a genuine common purpose, is each person paying no more than a fair share of the direct costs, and is the pilot receiving any remuneration or profit? On the facts, total direct cost is $500. Four people travelling means an equal share is $125. Each friend pays $100 and you pay $200, so you are paying more than an equal share and receiving no reward. There is no advertising or holding out. That is consistent with a private operation under Part 91, not a commercial air transport operation requiring a Part 119 air operator certificate and Part 135 operating certificate.

The extra $60 changes the character. Payment for the pilot's 'time and trouble' is remuneration above a cost share; it is a reward for providing the flight. That would move the flight outside private cost-sharing and into commercial operation. The fourth passenger also creates a separate problem: a PA-28-181 has four seats including the pilot, so five adults cannot be carried. You would also need to recheck weight and balance and passenger briefing. The lawful answer is to refuse the extra money and the fourth passenger, or restructure the flight as a genuine equal-share private trip.

The extra $60 is the critical fact. A private cost-sharing flight can continue only while the pilot receives no reward beyond a genuine contribution to direct costs. Accepting $60 for 'time and trouble' converts the arrangement into providing an aircraft with crew for reward. That is commercial air transport and requires an air operator certificate under Part 119 and an operating certificate under Part 135, with the associated maintenance, pilot licensing and operational requirements. You cannot lawfully cure that by calling it a 'gift' or by sharing the money among the passengers.

The fourth passenger is a separate limitation. The Archer has four seats including the pilot's, so carrying four passengers is not possible. Even if the aircraft had more seats, adding a passenger changes weight and balance, performance, insurance and passenger briefing. The safe and lawful decision is to decline both requests, or tell the friend that the flight can proceed only on the original three-passenger, equal-cost-share basis. If the group wants a commercial charter, they should book a Part 135 operator.

Before departure, confirm your Class 2 medical is current, your flight review is within the preceding 24 months, and you have made three take-offs and landings in the preceding 90 days to carry passengers. Check the aircraft maintenance release, annual inspection, airworthiness directives, defect log, weight and balance, fuel, and performance for the grass or sealed runway and forecast temperatures. Check weather, NOTAMs, aerodrome information, landing fees and the Kaikoura circuit direction. Confirm the aircraft is insured for the planned use and that each passenger receives a briefing on harnesses, doors, emergency exits and sick bags.

Currency is not just a logbook issue. If the medical, review or recency is missing, the flight is not authorised under Part 61 and Part 91. If the maintenance release is missing or a known defect affects airworthiness, the aircraft cannot be flown. The pilot in command remains responsible for deciding whether the flight can be conducted safely, even when every document appears to be in order.