Club Management Issue

John T wrote:
"Dan Truesdell" wrote in message


The mechanic was also on the trip, and was getting paid for his time.
Makes it a part 135 operation as far as the FAA is concerned, even if
"Mark" didn't receive a dime.



OK, I'm willing to buy that.

For the sake of discussion, would Mark be able to accept any payment if he
were ferrying only the replacement crew to retrieve the plane?

Phrased another way: Your plane is stranded at another airport and you ask
me to fly you out to retrieve it. How much money can you offer me and how
much of that can I legally accept?


I would presume that ferrying a plane for no cost would not fall under a
"commercial" operation. Since you would not be in the plane, there is
no possibility of sharing the cost.



--
Remove "2PLANES" to reply.

The mechanic was also on the trip, and was getting paid for his time.
Makes it a part 135 operation as far as the FAA is concerned, even if
"Mark" didn't receive a dime.


OK, I'm willing to buy that.


I am not. Is there a specific rule that says that because someone on the
plane is getting paid to go somewhere that it is now a 135 operation?

Let's see. You pay your chauffer for coming with you on your Jet so he can
drive you around when you get there. Now, your privately owned jet has a
pilot, co pilot and chauffer on board and they are all getting paid to go.
Now its 135?

"Dude" wrote in message
...

I am not. Is there a specific rule that says that because someone on the
plane is getting paid to go somewhere that it is now a 135 operation?

You are correct -- there is no such rule. In fact, you could could pay a
flight instructor to come along in an airplane you own and it is not a
commercial operation. Even if the instructor acts as PIC, he need only have
a third class medical in fact; a second class medical is not required for
flight instruction.

--
Richard Kaplan, CFII

www.flyimc.com

Dan Truesdell wrote:

The mechanic was also on the trip, and was getting paid for his time.
Makes it a part 135 operation as far as the FAA is concerned, even if
"Mark" didn't receive a dime.

I doubt that. The FAA specifically says that, if several employees are expected
to attend a meeting (for example), and one of them flies the group there, he can
accept compensation from the company for the trip, in addition to his salary. In
that case, every one of his fellow employees are drawing their salary, and that's
not part 135.

George Patterson
Battle, n; A method of untying with the teeth a political knot that would
not yield to the tongue.

"Dan Truesdell" wrote in message
...

The mechanic was also on the trip, and was getting paid for his time.
Makes it a part 135 operation as far as the FAA is concerned, even if
"Mark" didn't receive a dime.

Actually, the paid mechanic's presence does nothing at all to make this a
Part 135 operation. The mechanic was not part of the flight crew so his
presence was irrelevant for the purpose of determining if this is Part 135.
If you want to hire a cabin attendant and/or onboard entertainer for your
Part 91 flights, that is just fine as long as they are not flight crew.

Interestingly, you could also hire a paid flight instructor and it would
STILL not be a Part 135 operation; in fact, it would not even be a
commercial for hire operation as long as the flight instructor did not
provide the airplane.

--
Richard Kaplan, CFII

www.flyimc.com