61.113 and expense reimbursements

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

"Ron Garret" wrote in message
...
I'm a private pilot. If I fly myself to a business meeting for a
company that I work for and they reimburse me for the cost of the
flight, have I violated FAR 61.113?


Hi Ron,

You might want to reference the thread titled "Ferry flight a commercial
op?" that began last week on 11/13, if you haven't already.

If you follow all the references given, it would seem your situation, and
most any other, has been denied at one time or the other by the FAA.
Granted, by the wording of the FARs most would interpret them to allow your
activity. But actual historical decisions tell another story.

On Mon, 19 Nov 2007 10:38:57 -0800, Ron Garret
wrote:

I'm a private pilot. If I fly myself to a business meeting for a
company that I work for and they reimburse me for the cost of the
flight, have I violated FAR 61.113?

rg

No.

You meet the requirements of 61.113(b)
--ron

On 2007-11-19 10:38:57 -0800, Ron Garret said:

I'm a private pilot. If I fly myself to a business meeting for a
company that I work for and they reimburse me for the cost of the
flight, have I violated FAR 61.113?

rg

Probably not if you are flying by yourself. Questionable if you are
carrying passengers or property on behalf of the company.

Contrary to what others have said, the FAA has been fairly consistent
in their opinions. There is no reason a company cannot reimburse you
for incidental personal transportation expenses. However, carrying
passengers or property for hire must be as a commercial pilot. This is
why companies hire commercial pilots to fly their corporate aircraft.
So carrying passengers or property would probably be considered a
violation.

There are liability issues as well. If there were an accident and you
were carrying these passengers and receiving more than your pro-rata
reimbursement for them, then an insurance company or a tort lawyer
would certainly argue that you were conducting a commercial operation.

Finally, of course, there are Federal Income Tax questions. There may
be some limits there for how much the company can reimburse you.
--
Waddling Eagle
World Famous Flight Instructor