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Old September 25th 04, 12:16 AM
Robert M. Gary
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"G.R. Patterson III" wrote in message ...
Malcolm Teas wrote:

61.117 Private pilot privileges and limitations: Second in command
of aircraft requiring more than one pilot.

Except as provided in §61.113 of this part, no private pilot may, for
compensation or hire, act as second in command of an aircraft that is
type certificated for more than one pilot, nor may that pilot act as
second in command of such an aircraft that is carrying passengers or
property for compensation or hire.


Few small planes are type certified to require more than one pilot, so it's highly
unlikely that he would be serving as second in command of such a plane. As described,
the flight is not carrying anything for hire, so he wouldn't be doing that either.
This FAR is not applicable to the flight.

61.113 (c) A private pilot may not pay less than the pro rata share of
the operating expenses of a flight with passengers, provided the
expenses involve only fuel, oil, airport expenditures, or rental fees.

Seems that flying back to the west coast would be compensation and
less than your pro-rata share of the flight. Since you're flying
alone then, your pro-rate share is 100%.


Since he's flying alone, there are no passengers, so this FAR doesn't apply either.


Sec. 61.113 Private pilot privileges and limitations: Pilot in
command.^M
^M
(a) Except as provided in paragraphs (b) through (g) of this section,
no^M
person who holds a private pilot certificate may act as pilot in
command of^M
an aircraft that is carrying passengers or property for compensation
or hire;^M
nor may that person, for compensation or hire, act as pilot in command
of an^M
aircraft.^M

If he flys back on his own, it would be hard for him to not be PIC.
The FAA has busted people for being able to fly without paying before
(. They consider that compensation. Example.. if the FBO asks you to
fly a plane down to another airport for annual, that is always
considered commercial. That's a good reason for CFIs to keep their 2nd
class medical current.

-Roebrt (with current 2nd class medical)