Dennis Jankelow

The law on the subject of air services is well-established in South Africa. Unfortunately, more than one insurance claim has been rejected on the grounds of breaches of this area of the law and, as we all know, “ignorance of the law is no excuse”

In the simplest terms, an air service is “any service provided by means of an aircraft for reward”. The provider of the air service must be in possession of a licence issued by the Air Services Licensing Council.

A “service” means the provision of an aircraft and its crew. A service cannot be provided simply by the provision of the aircraft, or the pilot: it needs both. However, where the owner of an aircraft provides the aircraft and then assists in the procurement of the services of a pilot, he has still provided an air service.

“Reward” means anything received as a quid pro quo for the service rendered. It need not be money. It doesn’t even need to be commensurate with the service. It can be money, fuel, rugby tickets, free accommodation, shares….anything.

The new regulations make one important exception to the rule. An owner may provide his aircraft, and crew, to a licensed air service operator who, in turn, offers an air service to others, without being deemed to have provided an air service himself. This means that an owner, who is a commercial pilot himself, can fly for a charter company without requiring his own air service license.

If you are in any doubt as to whether your current activities constitute illegal air services or not, you should consult an experienced aviation attorney without delay.span Be sure that, in the event of a loss during any illegal activity, the Insurer will establish the true legal position and it would be as well to ensure that you are on the right side of the line.