Commercial vs Private, towing
On Mar 21, 7:51*am, "BT" wrote:
"150flivver" wrote in message
...
I seem to recall being told the FAA had exempted towing gliders from
the need for a commercial license as long as no monetary compensation
is received by the private pilot tow pilot. *Is this still true or is
flight time alone considered compensation as it is in the rest of the
powered flight realm?
Update for the masses . . . .
Private Pilot Towing
I was contacted following some local conversations about an
interpretation
of the FARs as a part of the Governmental Liaison Committee for SSA.
The question posed to me was whether or not a Private pilot could be
“compensated” for towing at a contest….
In the example given,
“could the Private certificate tow pilot be provided meals or
lodging?”
I cited 61.113(g) as the FAR in play. I also read it as a very
simplistic
sentence, which I had observed change in an FAR update in about 2004.
Based on the 2004 documents published with that change, I believed it
was
a pretty plain conclusion that private pilots could tow and be
compensated.
I also warned the contest organizers raising the issue that the
FAR may not be the most limiting consideration. The tow plane’s
insurance
coverage would likely be the most restrictive document on the subject
of
which human may provide service to whom.
In the dark ages, private pilots couldn’t tow anything. A club (which
is no
longer in existence in Region 8) asked for help from SSA. They
couldn’t
find enough Commercial pilots and sought relief. SSA helped. SSA
negotiated a waiver from the FAA, to allow club operations to use
Private
pilots -- if the pilots did not use the accumulation of flight time
toward
a furtherance of ratings. Accumulating flight time was considered by
FAA to be “compensation”, as total time has value toward aviation
employment.
The waivers continued for many years, until the FAA decided there was
NO safety issue under this SSA-initiated-documented program. Rather
than
continue wavier extensions, they changed the privileges of Private
pilots in 1997 to allow glider towing, and noted that time could be
accrued. But the FAA was silent on other forms of compensation.
This was another instance of SSA’s action benefiting all US glider
ops, not just “members”.
In 2004, FAA rewrote Part 61 again, to include towing of ultralight
vehicles under Sport pilot and Light Sport Aircraft rules. At that
time,
in the comments of adoption, the FAA stated that Private pilots were
indeed allowed to tow gliders for compensation and hire
(their words, not mine). But the FAA declined to extend that
privilege
to Sport or Recreational pilots. The FAA referred to 61.113(g).
Since a few folks in SSA disagreed with my recent answer,
and talked to a person in FAA who agreed with them, SSA has
sent a formal letter to the FAA to ask for an interpretation of 61.113
(g).
I don’t anticipate SSA getting an answer to that letter before most,
if not all, of the 2009 soaring season is completed.
The SSA Group Insurance Program was modified to include Private
pilots towing internally to the club’s operations many years ago.
Private pilots were insured to operate club tugs, including towing
club members giving rides for hire or instruction.
Meanwhile, soaring goes on.
100-Hour Inspections
As far back as the late 1970’s SSA did receive a formal FAA letter
of interpretation that states that towing a glider is specifically
NOT carrying passengers. If your towplane:
1) does NOT give flight instruction for hire,
2) does NOT carry passengers for rides
(for this you need drug testing, etc. see Part 136 Air
Tours),
then the tug does NOT need 100-hour inspections. Save some club/
school bucks.
If you are training tow pilots, that doesn’t require a CFI-A trainer.
The trainee is part of the tug flight crew, not a passenger.
No 100-hour is required. Usually, this operation IS included in SSA
Group coverage. (Check your tow pilot’s recent experience needs
for 2009, as this is formally Spring now. FAR 61.69 (a) 6.)
Contest Towing
Who can tow at contests?
SSA contest rules don’t specify anything but a liability
insurance requirement for each tug, and FAR compliance.
SSA contest rules do set the maximum entry fees, and the
maximum value calculated for tow fees, adjusted annually
to reflect current costs. If the fees didn’t meet tug expenses,
contests wouldn’t get launched.
The SSA Group Program was recently modified to include
club tugs towing at SANCTIONED contests, provided they were
using Commercial tow pilots, and the tugs and pilots could be
paid at any exorbitant rate they could negotiate
(my tongue is firmly in-cheek here, folks.)
Contest staff is charged with being certain their contracted tugs
are operated within their coverage. Could a tug owner have
liability coverage, and the insurance include a Private pilot towing?
Sure. But that isn’t a very likely scenario.
Fly safely, and renew your SSA membership.
Cindy Brickner
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