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Old November 15th 07, 12:06 PM posted to rec.aviation.piloting
Neil Gould
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Posts: 723
Default Ferry flight a commercial op?

Recently, Travis Marlatte posted:

"Neil Gould" wrote in message
t...
ambiguities as those we're discussing. A service that you get for
free that you would otherwise have to pay for is recorded in the
credits column, and just that could qualify the service as a
commercial transaction. If that service is of sufficient value, it
*will* be of interest to the IRS and thus the FAA and so forth,
regardless of the year-end financial picture.


I don't think so. As a PPL, your analysis could apply to any of my
passengers. They are getting a flight for free that otherwise they
would have to pay for.

Taking passengers to locations for their purposes and that you would not
otherwise be going is specifically disallowed in the FARs, regardless of
whether you charge for the "service". OTOH, such activities as taking
co-workers to a work site or taking friends somewhere (or nowhere) that
you are going is specifically allowed.

"...no person who holds a private pilot certificate may act as pilot
in command of an aircraft that is carrying passengers or property for
compensation or hire; nor may that person, for compensation or hire,
act as pilot in command of an aircraft..."

The first part seems to refer to the aircraft. i.e. it is the
aircraft that is carrying passengers or property for hire and a PPL
is prohibited from acting as PIC of such an aircraft.

The first part refers to "...no person who holds a private pilot
certificate...", and the rest spells out what that person cannot do.

If that's not
the case, then a PPL could volunteer to take paying passengers (or
cargo). The second part seems to apply to the pilot and we know that
required flight experience is considered compensation.

See above.

So a PPL could volunteer to deliver a plane for a ferry service. The
ferry service is being paid. The PPL is not being compensated (not
even logging the time) or hired. The plane isn't carrying any
passengers or property for hire. That sounds like a doable mission
according to the letter of the FARs. I suspect that the FAA could
make the arguement that the nature of the flight is beyond the
trained judgement of the PPL.

That can get you into hot water for reasons in my previous post.

What about this one...
Could I advertise a no-cost ferry business?

No.

This really is a question of elementary accounting and both the letter and
intent of the FARs. I think it would help you to actually read the FARs to
get a better handle on this as it really is not all that murky an issue.

Neil