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"ET" wrote in message
... [...] But I should be able to use my time and my plane to help and/or transport my friend without actually having to take out my own wallet at the gas pump. If it were certain that all pilots would adhere strictly to that sort of reimbursement, there would be no problem. But pilots are just like other people too, and there are always going to be the bad apples that refuse to obey the spirit of the law (and sometimes the letter of the law). The problem is that as soon as you allow some kinds of compensation for favors, where there was no common purpose, and in fact in some cases, the paying party didn't even participate in the flight, the line between "legal" and "not legal" becomes very fuzzy. The extremes are easy to identify, but there's always going to be someone who wants to push the limits of the law, and engage in what is essentially a commercial operation, while calling it a "reimbursed favor for a friend". When you solve this basic problem with human nature, then perhaps you can move on to getting the letter and interpretation of the FARs changed. Until then, this is how it has to be, in order to ensure that no pilot ever gets into a situation where they have a reasonable reason to believe that they are not acting as a commercial operation, even if they are. Heck, by strict interpretation of some of these "common law" decisions Angel Flight should have to be conducted under 135 too. Since there is an explicit exception for these kinds of operations, they don't. However, until that exception was written, charitable airlifts WERE definitely a concern with respect to their legality. If I get a "good feeling" or possibly "enhanced standing in the eyes of my fellow pilots" by flying an Angel Flight, then that's compensation and I better have complied with 135 right????? As far as the FAA is concerned, only tangible compensation matters. "Tangible" includes things we might consider "intangible" by strict definition, such as logging time without paying for it, but it certainly does not include psychological effects. For that matter, arent I able to deduct the costs of the flight on my taxes?? there's compensation too... Interesting you should mention that. Deductions have in fact been a grey area in the past. I'm not sure if the FAA has finally resolved that. But note that the financial gain due to a deduction is typically only going to be a small fraction of the total cost of the flight. Pete |
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In article , "Peter Duniho"
wrote: When you solve this basic problem with human nature, then perhaps you can move on to getting the letter and interpretation of the FARs changed. Until then, this is how it has to be, in order to ensure that no pilot ever gets into a situation where they have a reasonable reason to believe that they are not acting as a commercial operation, even if they are. These interpretations/rulings/case law don't ensure any such thing. -- Bob Noel |
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"Bob Noel" wrote in message
... These interpretations/rulings/case law don't ensure any such thing. Of course they do. Pilots may act against them, but those pilots had no reasonable reason to believe that they were doing so legally. |
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