![]() |
If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
|
#1
|
|||
|
|||
![]()
Marty Shapiro wrote:
There is no problem with you giving a friend a ride as long as their is commonality of purpose to the trip. The problem arises when there is no commonality of purpose. Find a case which says that where no compensation is paid. The Carter case you cited involved transporting a friend's sick father for medical treatment, and who promised to reimburse the full cost. Without common purpose, not even cost-sharing (1/2) is permissible. It is implied that the pilot didn't get paid, perhaps because the man passed on. Made no difference; it was the promise which was the compensation. I'm referring only to the logging of time in your own plane on your own fuel as compensation. Find the case where that's prohibited on such narrow grounds. As per another poster, I used to pick up and return Mom/Dad to the big Class airport when they visited. Look then to how the Carter case discusses the pax expectation of the skills of a comm'l pilot. So let's see. If I fly them to an apt restaurant and return, they don't expect me to have comm'l skills. If I drop them off at said apt, they do. Fred F. |
#2
|
|||
|
|||
![]()
TxSrv wrote:
Marty Shapiro wrote: There is no problem with you giving a friend a ride as long as their is commonality of purpose to the trip. The problem arises when there is no commonality of purpose. Find a case which says that where no compensation is paid. The following case is one where no _material_ compensation was paid, but the FAA prevailed against the pilot: http://www.ntsb.gov/alj/alj/O_n_O/do...ation/5061.PDF It seems goodwill is considered compensation. Of course "goodwill" is sometimes rather vague, though in certain contexts like accounting a monetary value can be (and is) assigned for purposes of computing assets. Here's a case where no material compensation _or_ goodwill was "earned" and so the pilot managed to win the case on appeal: http://www.ntsb.gov/alj/alj/O_n_O/do...ation/4791.PDF The cases I cite aren't the most relevant, but the U.S. court system (and the NTSB) have placed only a fraction of the available case law on the net for public access. I know there are commercial databases which would provide comprehensive access but I'm not inclined at this time to subscribe to them. The NTSB provides a search mechanism of some of the case law regarding the FARs he http://www.ntsb.gov/alj/O_n_O/query.asp (By the way, several 61.113 case are filed under the subsection 61.118 which is listed in the current FARs as non-existent. I can only presume that the numbering changed sometime after the year 2000.) |
#3
|
|||
|
|||
![]()
Jim Logajan wrote:
It seems goodwill is considered compensation. Goodwill per NTSB always means a business context, such as expectation of possible future $$ benefit. The two cases you cited have complicating facts. In Murray, the pvt pilot had done subcontract work for the tavern owner who threw on the Super Bowl party deal which included Part 135 transport of the pax to the party site. In both cases, the pilot showed up as a substitute for a prearranged Part 135 flight where the charter aircraft or 135 pilot was OTS. The pax likely assumed the substitute guy was a commercial operation also. I'm alluding only to a pure (and rather common) case of a favor to a friend/relative, no business context, the pax know who you are as not comm'l/charter, and the only "compensation" is your logging time in your own airplane at your own expense. Fred F. |
Thread Tools | |
Display Modes | |
|
|
![]() |
||||
Thread | Thread Starter | Forum | Replies | Last Post |
I want to build the most EVIL plane EVER !!! | Eliot Coweye | Home Built | 237 | February 13th 06 03:55 AM |
Washington DC airspace closing for good? | tony roberts | Piloting | 153 | August 11th 05 12:56 AM |
Homebuilt Aircraft Frequently Asked Questions (FAQ) | Ron Wanttaja | Home Built | 0 | May 1st 04 07:29 PM |
Homebuilt Aircraft Frequently Asked Questions (FAQ) | Ron Wanttaja | Home Built | 2 | February 2nd 04 11:41 PM |
Homebuilt Aircraft Frequently Asked Questions (FAQ) | Ron Wanttaja | Home Built | 1 | January 2nd 04 09:02 PM |