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#1
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karl gruber wrote:
... The rulings don't have to make common sense. You must have commonality," which means you can't fly someone around for their convenience. That's 135. IOW, if I log the time in my own plane, it's 135. If not logged, it's permissible. FAA's legal opinions on 135 are on their web site, and I don't think there's one which would stretch a favor for a friend that far. They often decide a 135 issue based upon the expectations of the passenger. So, if I fly a pilot/friend to another field to retrieve his airplane, for no payment (cost sharing prohibited if no common purpose), that pilot/friend is under no delusion I'm an air taxi operator. And one who flies charter for free. I make it up in volume. :-) Fred F. |
#2
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Marty Shapiro wrote:
Inspector's for at least 2 FSDO's that I'm aware of say otherwise. They were very clear in different Wings safety seminars that providing air transportation for a friend is NOT permitted for a private pilot. One even stated that the FAA added the definition of logging time as compensation for this exact case, where the pilot does not charge at all. They empasized that unless you were going to make the trip regardless of whether or not your friend was going along, you would be violating the FARs. Ok - well maybe I'm wrong. I read an article in AOPA awhile back that was on the legalities of this very subject that said it illegal *if* there are shared expenses. Can anyone point to any official statements or rulings by the FAA? |
#3
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Marty Shapiro wrote:
Inspector's for at least 2 FSDO's that I'm aware of say otherwise. They were very clear in different Wings safety seminars that providing air transportation for a friend is NOT permitted for a private pilot. One even stated that the FAA added the definition of logging time as compensation for this exact case, where the pilot does not charge at all. They empasized that unless you were going to make the trip regardless of whether or not your friend was going along, you would be violating the FARs. Another point (not saying that I'm right or you're right) is that if you are paying for the entire cost of the flight, how can logging flight time which *you* are paying for be perceived as being received from the passenger? The logged time cannot (should not) be considered compensation from the passenger because the passenger in now way provided it to you. However, if there are shared expenses, then it could be seen that the passenger payed for some of the logged time. |
#4
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![]() "Bart" wrote in message ps.com... Marty Shapiro wrote: Inspector's for at least 2 FSDO's that I'm aware of say otherwise. They were very clear in different Wings safety seminars that providing air transportation for a friend is NOT permitted for a private pilot. One even stated that the FAA added the definition of logging time as compensation for this exact case, where the pilot does not charge at all. They empasized that unless you were going to make the trip regardless of whether or not your friend was going along, you would be violating the FARs. Another point (not saying that I'm right or you're right) is that if you are paying for the entire cost of the flight, how can logging flight time which *you* are paying for be perceived as being received from the passenger? The logged time cannot (should not) be considered compensation from the passenger because the passenger in now way provided it to you. However, if there are shared expenses, then it could be seen that the passenger payed for some of the logged time. I think I see why this is so confusing...It has nothing to do with the passenger. If you do not have "commonality" for making the trip, the chance to log flight time (regardless of the reason, regardless if you split it pro rata or not) can be viewed as compensation. If you are flying because your passenger wants to go somewhere (and you don't have a legitimate reason to go as well...and even if your passenger doesn't give you a penny) you are being given an opportunity to log time that you might not otherwise be logging...this is considered compensation. Jay B |
#5
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If you are flying because your passenger wants to go somewhere (and you
don't have a legitimate reason to go as well...and even if your passenger doesn't give you a penny) you are being given an opportunity to log time that you might not otherwise be logging...this is considered compensation. Does this "opportunity" not exist in other circumstances? Every time I fly I have the opportunity to log time I might otherwise not be logging. Every time I wake up I have the opportunity to fly. The FAA is so bizzare on this it is no surprise it gets no respect. What surprises me is the number of pilots that seem to =support= this kind of interpretation. Jose -- "Never trust anything that can think for itself, if you can't see where it keeps its brain." (chapter 10 of book 3 - Harry Potter). for Email, make the obvious change in the address. |
#6
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Jay Beckman wrote:
If you are flying because your passenger wants to go somewhere (and you don't have a legitimate reason to go as well...and even if your passenger doesn't give you a penny) you are being given an opportunity to log time that you might not otherwise be logging...this is considered compensation. What if I don't log the time? ![]() |
#7
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![]() "Bart" wrote in message ups.com... As long as the pilot pays for the entire cost of operating the aircraft (ie - no pro rata sharing of expenses), it is legal. Logging flight time is considered compensation on flights where there is sharing of expenses. The added "compensation" to the pilot (beyond the sharing of expenses) of being able to log flight time violates the pro rata. No! There must be "commonality." Karl "Curator" N185KG |
#8
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In article ,
"karl gruber" wrote: No! There must be "commonality." Does the "regulation" require the commonality to one-to-one and on-to? -- Bob Noel Looking for a sig the lawyers will hate |
#9
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![]() karl gruber wrote: "Bart" wrote in message ups.com... As long as the pilot pays for the entire cost of operating the aircraft (ie - no pro rata sharing of expenses), it is legal. Logging flight time is considered compensation on flights where there is sharing of expenses. The added "compensation" to the pilot (beyond the sharing of expenses) of being able to log flight time violates the pro rata. No! There must be "commonality." No! Only if sharing expenses. ![]() |
#10
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Marty Shapiro writes:
If your friend invites you to attend the wedding, then there is no problem, as you have a common purpose for the trip where the air transportation is incidental. But if you are only flying to transport your friend to the wedding and you have no other purpose in going on the flight, then you are in violation. Does wanting to go flying count as having a purpose? -- Transpose mxsmanic and gmail to reach me by e-mail. |
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