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#20
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On Sun, 26 Sep 2004 14:28:18 -0700, "Peter Duniho"
wrote: "Julian Scarfe" wrote in message ... If the different AOPA article quoted by Peter Clark in this thread really interprets the case, for which the ruling is available for all to read, as supporting this view, then I'm not convinced they're doing you a favour. Not sure what you're talking about. The case Peter Clark is quoting is a completely different issue, where the pilot is not the person being compensated, even though the flight was made "for compensation". The case doesn't address whether free flight time is compensation at all, since the case involved a much more clear-cut situation of paying passengers, nor does the AOPA Pilot article make a claim that the case does. Actually, I was only quoting that case in the context that the FAA and NTSB appear to take the view that intangible things (including good will) can and are also considered compensation WRTexamining whether 61.113 was violated or not. The specifics of the case are immaterial to the concept that, according to the ruling, one of the tests to be used in deciding if there is a violation of 61.113 or not includes looking to see if there is evidence of (in the absence of direct monetary compensation) any intangible benefits to be found, and if they are present a violation has occurred. If I'm wrong in interpreting the ruling to establish/use one prong of a multi-prong test to see whether a violation has occurred, great, I'd like to understand the dissenting opinion's logic. |
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