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  #19  
Old July 24th 05, 11:54 PM
Peter Duniho
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"Jose" wrote in message
...
Why would this be an issue. You are a commercial pilot, you are being
paid to fly a plane, and since you are not arranging the plane, you don't
need to be a commercial =operator=.


If you habitually had customers rent an airplane from the same FBO, one of
your choosing, you would very likely be found to be holding out, engaging in
an illegal Part 135 operation. The fact that your customer was the renter
on paper would not hold water, once the FAA looks at the situation and
realizes that it's you who's actually putting together the whole deal,
airplane and all.

It would essentially be a holding out operation, which is the classic
example of what the holder of a Commercial Pilot certificate is NOT
permitted to do without meeting the other requirements found in Part 135.

Especially as you are essentially flying for costs, which is what a
private pilot is supposed to be able to do (and =was= able to do back
before the FAA did this "pro-rata" mess with the rules).


A holder of a Private Pilot certificate was not, at least in the last 15
years, able to fly for costs. He was always required to share costs
equally, and those costs were always limited to direct operating costs,
which meant either rental costs, or fuel and oil (for an owned airplane).

For both the Commercial and Private pilot, it has been held by the FAA that
flight time in and of itself is compensation. Any situation in which the
pilot is not paying their fair share of the costs (and that has always meant
the pro-rated share among all passengers) has been found to be compensatory,
and thus not allowed without meeting the other common carriage rules.

Pete