TxSrv wrote:
Marty Shapiro wrote:
There is no problem with you giving a friend a ride as long as
their is commonality of purpose to the trip. The problem arises
when there is no commonality of purpose.
Find a case which says that where no compensation is paid.
The following case is one where no _material_ compensation was paid, but
the FAA prevailed against the pilot:
http://www.ntsb.gov/alj/alj/O_n_O/do...ation/5061.PDF
It seems goodwill is considered compensation. Of course "goodwill" is
sometimes rather vague, though in certain contexts like accounting a
monetary value can be (and is) assigned for purposes of computing assets.
Here's a case where no material compensation _or_ goodwill was "earned" and
so the pilot managed to win the case on appeal:
http://www.ntsb.gov/alj/alj/O_n_O/do...ation/4791.PDF
The cases I cite aren't the most relevant, but the U.S. court system (and
the NTSB) have placed only a fraction of the available case law on the net
for public access. I know there are commercial databases which would
provide comprehensive access but I'm not inclined at this time to subscribe
to them.
The NTSB provides a search mechanism of some of the case law regarding the
FARs he
http://www.ntsb.gov/alj/O_n_O/query.asp
(By the way, several 61.113 case are filed under the subsection 61.118
which is listed in the current FARs as non-existent. I can only presume
that the numbering changed sometime after the year 2000.)