Document
Photo by Paul Greer By P AUL G R ee R
Come F ly Come F ly
with Me…
with Me…
(But, Let Me Check the Rules (But, Let Me Check the Rules
before You Pay Me) before You Pay Me)
ou made it! You finally earned your for just piloting an aircraft. However, you also seem private pilot certificate and now you’re to remember your flight instructor saying that there ready to really start flying. As Susan are some exceptions to that general rule, but that you Parson discusses in Practice Makes should be very cautious if you ever accept anything Y Proficient (page 7), you recognize from anyone for piloting an aircraft.
the need to practice to keep your skills sharp, but Wondering what those exceptions are, you take you also know that this flying stuff can get pretty out your well-worn copy of the regulations and expensive. Like most new pilots, you begin to quickly notice in part 61 that a sport, recreational, wonder if there’s any way to get some help whittling or private pilot may receive some compensation down the cost of staying sharp—and grabbing that from passengers for a flight. But the pilot must cover $100 hamburger. Perhaps there is, but you need to at least his or her pro rata share of the operating be careful. expenses of a flight with passengers—and those From your training, you remember that a operating expenses can only involve fuel, oil, airport private, sport, or recreational pilot generally can’t expenditures, or rental fees.
act as pilot in command of an aircraft carrying Even if you get a tailwind on both legs of a flight passengers or property for compensation or hire. and give your friends the “experience of lifetime,” Nor can he or she generally receive compensation you still have to pay for your share of the flight 12 FAA Safety Briefing September/October 2010 Photo by Tom Hoffmann regardless of how much your passengers insist that What about business trips?
you don’t open your wallet. Also, be wary if your Looking at section 61.113, you notice that the passengers try to buy you a fancy dinner or hand private pilot certificate allows you to receive you the key to the beach house for the weekend, if compensation for some other activities. You the value exceeds their pro rata share of the costs for can receive compensation for acting as pilot the flight. You also can’t receive reimbursement for in command in connection with a business or the shared expenses from someone other than your employment. But, this, too, is a very limited passengers, such as an employer.
exception. Wading through the details of the regulation, you determine Common Purpose Is Key that the flight must be Be careful about offering your piloting Underlying the concept of sharing expenses is the incidental to that business skills to the public.
notion that you and your passengers are taking or employment; that is, the flight for a “common purpose.” You and your you can’t be in the business of flying and you can’t passengers must be taking the flight for a common carry passengers or property for compensation or purpose; otherwise, you can’t even share the hire. So, you can get paid by your employer when expenses of the flight with them. Whether a bona fide you fly yourself on Old Bessie for that occasional common purpose exists, however, depends on the business trip, but you can’t be paid for taking your specific facts of the situation. This doesn’t mean that co-workers.
you can’t ask people to fly with you and share some of the costs, but the sole purpose of your flight can’t It’s for charity!
be just to transport your passengers from one point As you delve deeper into section 61.113 and the to another.
complexities of flying for compensation or hire as a Asking your flying buddies if they want to split private pilot, you find out that you can also receive the costs of flying to Oshkosh with you and flying compensation for flying in certain charitable, with friends to that resort on the coast you’re all nonprofit, or community events, and you can be going to share and sharing the flying costs—those reimbursed. However, both you and the event would be okay. However, sharing expenses with sponsor must comply with the detailed requirements a passenger on a flight to a place you would not of section 91.146, which could easily be the subject otherwise be flying to would be a problem.
of another article.
You can also be reimbursed for some expenses when flying in certain sanctioned search-and- location operations. There are provisions for aircraft salesmen and persons who tow gliders or ultralight September/October 2010 FAA Safety Briefing 13 only be achieved when the operation is conducted by at least a commercial pilot flying under the provisions of an operating certificate.
All pilots need to understand the difference between those operations that can be conducted under the general operating rules of part 91 and those that must be conducted under part 135. Generally, if you’re being compensated for providing a service to another person and have “operational control” of the aircraft in which that service is provided, you’re going to have to be issued a certificate to conduct that operation under part 135 (or part 121 or 125 if larger aircraft and even more complex operations are involved). So, be particularly careful if you’re both the pilot and provider of an aircraft to someone for compensation—and remember the FAA will look at the actual nature of the relationship and not just at any written agreements you may have.
Photo by James Williams Exceptions Are Limited There are some exceptions to the general rules requiring the issuance of operating certificates for vehicles, too. But, let’s get back to where we started: commercial operations. But again, these exceptions saving a few dollars grabbing that hamburger.
are limited and apply to activities such as flight Commercial certificate is the cure, right? instruction, certain types of sightseeing flights, and aerial work operations. You can find these By now, you may be starting to wish you had a exceptions in section 119.1 of part 119, which commercial pilot certificate like that dashing young aviator lurking behind the sunglasses with an eye contains the regulations governing operations for compensation or hire.
firmly focused on a seat at Those kinds of operations that require an a major air carrier. Surely Just because you have a commercial operating certificate under part 135 typically involve that god/goddess of the pilot certificate doesn’t mean that you sky can really be paid to some form of common carriage (holding out to can be paid for all of the flying you do.
carry persons or property for compensation or fly for anything they do.
hire), however, an operating certificate can also be Not so fast, ace! One of required for operations involving private carriage (a the facts that many new commercial pilots don’t quite understand is that even though they may “limited” holding out to carry persons or property for compensation or hire) and non-common carriage have commercial pilot privileges and can be paid to (no holding out involved but persons or property are carry passengers or property for compensation or carried for compensation or hire).
hire, they can’t act as an air carrier or commercial operator without also obtaining an operating Hold the Line on Holding Out certificate. A commercial pilot certificate does “Holding out” can be as complex as publishing a not authorize a person to become a commercial flight schedule for a major airline or as simple as operator .
posting a notice on an FBO bulletin board (or the All of this sounds pretty limiting and, frankly, it Internet) telling everyone you’re the one who will is. Basically, when a member of the public provides fly them to that prime vacation resort and make compensation for your services in piloting an their dreams come true. Many FAA inspectors also aircraft, the public has an expectation that both like to fly for pleasure, and they read those bulletin the pilot and the operator will meet a standard of boards, too. They might not be too happy with your competence and provide a level of safety higher advertisement for Old Bessie ’s “charter service” when than that provided by a private pilot operating solely they find out you don’t have a part 135 certificate, under the general operating requirements of part 91.
but at least they won’t take you to task for promising In most instances where compensation is provided, to make your prospective client’s dreams come true.
the FAA has determined that this level of safety can 14 FAA Safety Briefing September/October 2010 Many pilots believe that they can easily avoid the might be able to deny coverage for any claims made compensation or hire restrictions of the regulations against your policy. That’s never a good result of by making other arrangements. The FAA, however, trying to get paid to fly.
interprets “compensation” very broadly. For If delving this deeply into the regulations makes example, the FAA has long held that logging flight your eyes glaze over, you may want to check out time for the conduct of a flight is compensation. FAA’s Web site or call your local FSDO inspector if Most of us, and especially those of us seeking that you have any questions. Importantly, since there coveted left seat at a major air carrier, know how are so many variations on the issue of flying for valuable flight time can be. So, if someone requests compensation or hire, this article is not a formal that you use your superior piloting skills to take them legal opinion from the FAA (apologies to all you to that resort of their choice and you decline any hangar lawyers). You can, however, search the FAA’s monetary payment, but still log that flight time while legal interpretations in this area at: http://www.faa.
not paying the costs of operating the aircraft, you’ve gov/about/office_org/headquarters_offices/agc/ received compensation. pol_adjudication/agc200/Interpretations/.
Goodwill obtained from providing a flight has If you still have a question about how the also been determined to be compensation. Everyone regulations apply to your specific situation, you knows how valuable a favorable news article or can make a formal request to the Regulations celebrity endorsement can be. Bartering can be Division in the FAA’s Office of the Chief Counsel considered compensation, too. You may want to think in Washington, DC, for a legal opinion. Again, the twice before you take someone flying in exchange for caution is “be careful” if you’re going to accept spending a weekend at their beach house. anything for your flying.
A pilot may also be considered to be conducting Flying and getting paid for it has been a dream a flight for compensation even if someone else that most pilots have had at one time or another.
receives the compensation for the flight. How It’s been done by generations of pilots, but it’s also would you like to be cited with a violation of the an area ripe with opportunities for new (and even compensation or hire provisions of the regulations older) pilots to run afoul of the regulations. In short, and not even receive any payment? Pilots should before you hang out that “Will Fly for Food” sign also be aware that not only will the FAA be unhappy please make sure you know the rules.
if you conduct a commercial operation without an operating certificate, but if you are involved in an Paul Greer is an attorney in the FAA Office of the Chief Counsel. He holds com- accident or an incident, your insurance company mercial pilot and flight instructor certificates. He rarely flies for compensation.
September/October 2010 FAA Safety Briefing 15 15 FAA Safety Briefing