Clubs as Operators?

[Chris Balmforth]

It's my club's AGM on Thursday and I just KNOW we will be asked this question: under the newly revised CAA regulations would it be possible for members of a flying club to donate aircraft to the club, and the club to register as operator of them all with just one operator ID? On the surface this is no different to a commercial enterprise acting as operator.

[DDH]

The best advice I have had is to wait until all the stuff becomes law and advice from the BMFA has been published.

Where further and better particulars/clarifications are subsequently required then advice should be sought directly from the BMFA.

Individuals or clubs embarking on 'frolics of their own' could result in attracting unforeseen and unwanted liability - .Ignorantia juris non excusat or ignorantia legis neminem excusat !!

[stu knowles]

Agreed, too early to be deciding anything. Give it 6 months

[Former Member]

[This posting has been removed]

[SIMON CRAGG]

Posted by stu knowles on 22/10/2019 15:02:34:

Agreed, too early to be deciding anything. Give it 6 months

We are doing absolutely nothing this year. Let the BMFA have time to fine tune it, and then let us know what to do. Pointless pontificating over the subject as will make no difference"!.

[gangster]

The BMFA have worked hard on this. They probably have not been helped by those interfering, raising petitions etc. The last thing we need now is a bunch of bar room lawyers pulling stunts that prove to the authorities that we are not the responsible bunch of beings that we claim to be

[Chris Balmforth]

Thanks Steve J, that's helpful information.

[PeterF]

Additionally, for a club to register it may need to be a legal entity, I.e. formed as a limited company, and most clubs are not limited companies. Those that are tend to be those who own or formally lease their land. If a club that is not limited registers then it is likely that the committee member who completes the registration is in fact the responsible party.

[Wingman]

It would be wrong to put volunteer committee members in the way of legal liability and it would be stupid of them to agree to it. Don't forget that the police can turn up at your field and issue a spot fine of £100 to the Operator (ie the committee) if they find a transgression of the regulations.

[Chris Berry]

Not sure a club needs to do anything?

members join BMFA for example and pay the £9 extra, job done, that’s the end of it.

[Chris Balmforth]

I'm not proposing that any club takes such a reckless course of action, I merely wanted an informed reply when I am asked the question at our AGM! Steve J gave me a perfect answer.

Edited By Chris Balmforth on 22/10/2019 19:09:41

[MattyB]

Posted by Chris Berry on 22/10/2019 19:03:22:

Not sure a club needs to do anything?

members join BMFA for example and pay the £9 extra, job done, that’s the end of it.

This club (I am a member of it too) is not BMFA affiliated and not all members are in the BMFA, so it is not that simple. We also have to think about the distance and uninvolved people clauses under category A3, but without an understanding of the final exception the BMFA may secure it is difficult for us to know what best to do at this point for the members and committee alike.