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61.113 and expense reimbursements
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November 23rd 07, 07:12 AM posted to rec.aviation.piloting
Ron Garret
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61.113 and expense reimbursements
In article
,
wrote:
On Nov 21, 9:00 pm, Ron Garret wrote:
Exactly. The problem here is the precise meaning of the word
"compensation" and whether or not compensation is distinct from
"reimbursement."
Can you explain why you think that matters here? If your travel
reimbursement is "compensation or hire", then you're fine because
61.113(b) permits a private pilot to fly for compensation or hire in
that situation.
Hm, maybe the word I should be getting hung up on is "incidental."
It's true that there's a slight ambiguity in the form of the clauses
(though it has nothing to do with "compensation" vs. "reimbursement").
As written, it might seem that 61.113(c) could apply simultaneously
with 61.113(b), forcing you to pay a pro rata share of the business
flight.
Yes, that's what was running through my mind.
But common sense easily resolves that ambiguity. The FAA can't
intend both clauses to apply to a business flight, because if they
did, then your pro rata share if there were *no* passengers would
be100%. Therefore, you'd be allowed to receive compensation *only if
you carried passengers*, which is exactly the opposite of the
constraint that the FAA is trying to impose (they don't want private
pilots to carry passengers for compensation; 61.113(b)(2) says so).
Heh, good point.
rg
Ron Garret
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