EASA cost-sharing rules explained

EU Regulation 965/2012 is the legal foundation of every flight listed on AvioSharing. Understanding it is important for both pilots and passengers.

The core rule

Article 6(4)(a) of Regulation 965/2012 states that non-commercial flights where the cost is shared between all occupants (including the pilot) on a pro-rata basis are permitted, subject to conditions.

The key conditions:

1. Genuine purpose. The pilot must have a genuine reason to make the flight. They cannot fly purely to carry passengers. In practice, this means the pilot was planning to fly this route anyway, or has a personal reason to visit the destination.

2. Pro-rata cost sharing. Direct costs are divided equally among all occupants. If there are 4 people (including the pilot) and the flight costs €400, each person pays €100. The pilot's share is included.

3. No profit. The pilot cannot receive more than their pro-rata share. AvioSharing calculates the maximum legal price per seat automatically.

4. Non-complex aircraft. The rule applies to non-complex motor-powered aircraft: essentially single and light twin-engine piston planes. Turbojets, large aircraft, and helicopters are generally excluded.

5. Not publicly solicited commercially. This is where it gets nuanced. EASA guidance says flights should not be advertised in a way that resembles commercial operations. AvioSharing is designed around this: pilots list planned flights, passengers find them. This is distinct from advertising charter services.

What counts as "direct costs"?

Direct operating costs include:

• Fuel
• Landing fees and airport charges
• Aircraft rental (if the pilot rents rather than owns)
• En-route navigation fees

They do NOT include:

• The pilot's time or instruction fees
• Aircraft ownership costs (insurance, maintenance, hangar)
• Any profit

What about the UK?

Post-Brexit, the UK CAA has adopted its own guidance that closely mirrors pre-Brexit EASA rules. UK-based pilots operate under the Air Navigation Order 2016 and CAA guidance. AvioSharing applies the same cost-sharing calculation for UK flights.

Note: US-registered aircraft operated in Europe must comply with EASA rules, not FAA rules, when operating in EASA airspace.

The FAA rules (USA)

In the US, FAR 61.113(c) allows private pilots to share operating expenses (fuel, oil, airport expenditures, rental fees) on a pro-rata basis, provided the pilot pays their share. The conditions are similar to EASA, but the FAA's rules around advertising are stricter. AvioSharing keeps US flights behind a login to comply with FAA guidance.

How AvioSharing enforces compliance

The platform:

• Calculates legal maximum per-seat price automatically (total direct cost ÷ total occupants including pilot)
• Does not allow pilots to set higher prices
• Requires licence verification before listing
• Maintains records for regulatory review
• Keeps US flights login-gated