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Old November 16th 07, 02:35 PM posted to rec.aviation.piloting
Neil Gould
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Posts: 723
Default Ferry flight a commercial op?

Recently, Maxwell posted:

"Neil Gould" wrote in message
news
Recently, Gatt posted:

"Helen" wrote in message
news:Nbt_i.6091$VB6.694@trnddc06...
And additional...
http://www.aopa.org/members/ftmag/ar...m?article=1467

Thanks, Helen. A couple of thoughts:

"The FAA's position on sharing expenses is not supported by the
language of
61.118(b), but pilots need to be aware of the FAA's policy. Current
FAA enforcement policy is so strict that if a private pilot ferries
an airplane at no charge, with no passengers on board, the FAA
position is that the free flying time is compensation for the
private pilot, and therefore a violation of 61.118. "
So the CFI was correct.

Note that the relevant condition is that the flying time is free. If
the pilot picks up the expense (possibly only 50% of the expense),
then there is no issue with this policy.


That's what I'm wondering. Based only on the AOPA link, I didn't run
down the individual rulings noted:

The FAA has no policy or regulations on setting rental rates.

If I want to ferry someone's plane, they should rent it to him for a
$1 an hour.

That would be a very short ferry with fuel at current prices, not to
mention maintenance etc.

And since I can rent a Skyhawk for $100 hour, I can charter the three
empty seats for $75 and hour.

And I can advertise either service.

Really not trying to be a smart ass, or insult anyone. It just seems
there is still a hole here you could drive a truck through, or you
better have a rental agreement on you, and well breifed passengers if
you ever get ramped checked. Because if you are a private pilot, you
may have to prove you are always paying for everything.

As PP, You can not "charter 3 empty seats", period. As PP, you must pay
50% of the cost of the flight, so if that cost is set at $100/hr., you
must pay at least $51/hr. regardless of how the other $49/hr. gets picked
up. IMO, you're trying too hard to justify an activity and in doing so
making some serious misinterpretations of rules that are pretty clear.

Neil