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Old August 29th 06, 09:17 PM posted to rec.aviation.owning
Greg Copeland[_1_]
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Default "We're with the FAA"

On Tue, 29 Aug 2006 19:32:15 +0000, Roy Smith wrote:

Greg Copeland wrote:
He did not expand on the cases to which he referred. He did say,
according to the courts (obviously not a literial defination here),
an operator is more like an FBO, an air carrier, a flight school. I
think we can all agree on what an owner is.


Can we?


I believe so.


I'm a member of a club (A not-for-profit incorporated in Connecticut).
The club owns several airplanes. Am I an owner? Am I an operator?


This would be defined by the state's laws, in which the company was
incorporated. My guess is no, you are not an owner. You would be a
member of the club and the club is the owner/operator of your aircraft.
Obviously, I am not an lawyer but chances are, I'm correct; while still
making a number of assumptions. Some people actually incorporate for the
sole purpose of owning an aircraft in order to deflect issues of
liability. Meaning, the company is the owner/operator. I know comparing
some of these details can get muddy from state to state, but for a given
state, I'm sure the answer is clear.

Is the club an operator? Beats me. I figure if I assume the FAA will
take whichever view is most disadvantageous to me at any particular
time, I'll never be disappointed.

I do know that I've got a certified letter on FAA stationary at home
in which the local FSDO politely enlightened me as to exactly which
sins against airworthyness I had committed while acting as PIC in one
of the club aircraft. Was I disgruntled when I got that letter? You
bet. Disgruntled, but not disappointed :-)


LOL. Nice.

Greg


Greg