"Jose" wrote in message
...
If you are flying because your passenger wants to go somewhere (and you
don't have a legitimate reason to go as well...and even if your
passenger doesn't give you a penny) you are being given an
opportunity to log time that you might not otherwise be logging...this
is considered compensation.

Does this "opportunity" not exist in other circumstances?

Such as?

Right now I am not flying. But the opportunity to log time that I might
not otherwise be logging exists right now, since I can go to the airport
and go flying. I can even take my wife.
Or I can choose not to.
The opportunity exists.

I don't think you're using the same definition of "opportunity" as the FAA.
From what I'm hearing/reading, the FAAs definition of "opportunity" goes
more toward the cirmcumstances from which the flight arose. If you are
going flying and you invite me to come along for a ride from Buffalo to
Flushing, NY...no problem. But, if I say to you, I've been meaning to go to
Flushing, NY. Hey, I know, why don't you fly me up there? .. and you agree
(and even if YOU pay all the costs involved...) then this is a violation of
the idea of commonality. My needing to go to Flushing is providing you with
an opportunity to log time because of me...not because you suggested it.


Every time I fly I have the opportunity to log time I might otherwise not
be logging. Every time I wake up I have the opportunity to fly.

You're splitting hairs. The difference is that there is no concern
regarding "commonality" if you are solo.

The FAA splits hairs. In fact they split short hairs.

No argument here...but I hope the FAA never gets near my short hairs.

And I never mentioned being solo. I can take my sister to visit a friend
while I enjoy the fall colors. No commonality. This is an opportunity to
log time.

The way I think this situation gets interpreted, If you suggest the
flight...no problem. But if you go fly with the primary reason being the
taking of your sister to visit her friend, (as a private pilot) IMO, you
would be doing so in potential violation of the way in which the FAA has
interpreted this situation in the past.

....and if I'm wrong, I'm sure the correction bus will be along very shortly.

Jay Beckman
PP-ASEL
Chandler, AZ