61.113 and expense reimbursements

On Nov 19, 4:12 pm, "Peter Dohm" wrote:
RG,
Reread
paragragh B and if you still have questions ask an aviation attorney.
KF Baum

And on that subject, ask AOPA. That is part of why your membership is so
valuable!

Peter, I dont think AOPA can do much for you in this case. In cases I
have heard about, they have not been very helpful and I think they
would only be guessing also. I still think an Aviation Attorney would
be the way to go.
F Baum

"F. Baum" wrote in message
...
On Nov 19, 4:12 pm, "Peter Dohm" wrote:
RG,
Reread
paragragh B and if you still have questions ask an aviation attorney.
KF Baum

And on that subject, ask AOPA. That is part of why your membership is so
valuable!

Peter, I dont think AOPA can do much for you in this case. In cases I
have heard about, they have not been very helpful and I think they
would only be guessing also. I still think an Aviation Attorney would
be the way to go.
F Baum

You may very well be right.

Peter

Let's cut through the horse****.

I'm a private pilot (no, I'm a commercial pilot, CFI, A&P, IA but let that
go for the moment).

My company sends me to a conference. The company policy pays IRS mileage
(48.5c a mile) for me to get there by private vehicle. Vehicle is
automobile, wagon train, muleback, or any other method I choose.

The company policy says that I can go by myself or carry as many other
employees as I wish in my private vehicle for the same 48.5 cents a mile.

I load up Gerry, Kelly, Sam and myself into the airplane and fly to the
conference. I'm not paid to get to the conference, just be a company
employee while I am at the conference.

I get home without incident.

I bill the company for what would have been automobile mileage and multiply
it by 48.5 cents a mile and submit it. Company pays. Case closed.

I have an accident on the way to or the way from the conference. Let the
lawyers sort it out. I was on company time; let the company lawyers decide
fault and such.

The FARs have relatively little to do with the process. You aren't being
paid to fly; you are being recompensated for getting yourself to the
conference and participating.

Then again, I've only been doing this for forty years, but what do I know?

Jim




--
"If you think you can, or think you can't, you're right."
--Henry Ford

RST Engineering wrote:
Let's cut through the horse****.

I'm a private pilot (no, I'm a commercial pilot, CFI, A&P, IA but let
that go for the moment).

My company sends me to a conference. The company policy pays IRS
mileage (48.5c a mile) for me to get there by private vehicle. Vehicle is
automobile, wagon train, muleback, or any other method I
choose.
The company policy says that I can go by myself or carry as many other
employees as I wish in my private vehicle for the same 48.5 cents a
mile.
I load up Gerry, Kelly, Sam and myself into the airplane and fly to
the conference. I'm not paid to get to the conference, just be a
company employee while I am at the conference.

I get home without incident.

I bill the company for what would have been automobile mileage and
multiply it by 48.5 cents a mile and submit it. Company pays. Case
closed.

Let's modify that some and see if it would still be FAA legal.

Gerry, Kelly and same get the same 48.5c/mile from the company and give it
to you.

Recently, Gig 601XL Builder wrDOTgiaconaATsuddenlink.net posted:

RST Engineering wrote:
Let's cut through the horse****.

I'm a private pilot (no, I'm a commercial pilot, CFI, A&P, IA but let
that go for the moment).

My company sends me to a conference. The company policy pays IRS
mileage (48.5c a mile) for me to get there by private vehicle.
Vehicle is automobile, wagon train, muleback, or any other method I
choose.
The company policy says that I can go by myself or carry as many
other employees as I wish in my private vehicle for the same 48.5
cents a mile.
I load up Gerry, Kelly, Sam and myself into the airplane and fly to
the conference. I'm not paid to get to the conference, just be a
company employee while I am at the conference.

I get home without incident.

I bill the company for what would have been automobile mileage and
multiply it by 48.5 cents a mile and submit it. Company pays. Case
closed.

Let's modify that some and see if it would still be FAA legal.

Gerry, Kelly and same get the same 48.5c/mile from the company and
give it to you.

As long as the total of reimbursements are less than 50% of the cost of
the flight, it doesn't conflict with the FARs. OTOH, if someone has a bug
up their posterior and wants to hassle you, they don't have to be right or
interpret the FARs correctly.

Neil

As long as the total of reimbursements are less than 50% of the cost of
the flight, it doesn't conflict with the FARs. OTOH, if someone has a bug
up their posterior and wants to hassle you, they don't have to be right or
interpret the FARs correctly.

Neil

As long as their total contribution is not more than their pro rata share of
the cost of the flight.
50% if there is only one person going with you.. but the example was three
others.

B

Recently, BT posted:

As long as the total of reimbursements are less than 50% of the cost
of the flight, it doesn't conflict with the FARs. OTOH, if someone
has a bug up their posterior and wants to hassle you, they don't
have to be right or interpret the FARs correctly.

Neil

As long as their total contribution is not more than their pro rata
share of the cost of the flight.
50% if there is only one person going with you.. but the example was
three others.

Reading of 61.113 (c) is pretty clear:

(c) A private pilot may not pay less than the pro rata share of the
operating expenses of a flight with passengers, provided the expenses
involve only fuel, oil, airport expenditures, or rental fees.

So, the 50% figure *is* the "pro rata share" that the private pilot must
pay *for the flight*. It doesn't matter how many contributors there are.

Neil

What if Jerry, Kelly and Sam are not employees of the same company?



On Nov 20, 12:19 am, "RST Engineering"
wrote:
Let's cut through the horse****.

I'm a private pilot (no, I'm a commercial pilot, CFI, A&P, IA but let that
go for the moment).

My company sends me to a conference. The company policy pays IRS mileage
(48.5c a mile) for me to get there by private vehicle. Vehicle is
automobile, wagon train, muleback, or any other method I choose.

The company policy says that I can go by myself or carry as many other
employees as I wish in my private vehicle for the same 48.5 cents a mile.

I load up Gerry, Kelly, Sam and myself into the airplane and fly to the
conference. I'm not paid to get to the conference, just be a company
employee while I am at the conference.

I get home without incident.

I bill the company for what would have been automobile mileage and multiply
it by 48.5 cents a mile and submit it. Company pays. Case closed.

I have an accident on the way to or the way from the conference. Let the
lawyers sort it out. I was on company time; let the company lawyers decide
fault and such.

The FARs have relatively little to do with the process. You aren't being
paid to fly; you are being recompensated for getting yourself to the
conference and participating.

Then again, I've only been doing this for forty years, but what do I know?

Jim

--
"If you think you can, or think you can't, you're right."
--Henry Ford