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Old May 4th 06, 07:29 PM posted to rec.aviation.ifr
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Default IFR use of handheld GPS

Way off topic, Jose, but take a look at this from FAA Legal Opinions:

"Dear Mr. Brock:

Letter, May 12, 1987

This letter is in reply to your letter dated May 12, 1987, You describe a
proposed flight as a raffle prize for a charitable endeavor. The aircraft is
a Beechcraft Bonanza owned by a partnership. The partnership consists of
your wife and yourself. The aircraft is properly maintained. You are the
exclusive pilot of the aircraft, but your class 2 medical certificate
privileges have lapsed. The certificate, class 3 medical privileges, remain
current.
Your company raises money by various raffles, bake sales and donations
for a needy family at Christmas time. The company is not itself a charitable
organization. The fundraising is entirely voluntary and the activity is not
officially sponsored by the company.
The flight is to be a prize from a raffle. It will consist of a day or
half a day's outing, probably including lunch at Big Bear Airport or Santa
Barbara and return to Torrance Airport. There will be no compensation for
the flight except that the fuel and the luncheons will be paid from the
collected funds. You will donate all other expenses of operating the
airplane and your time. All other raffle costs in excess of fuel and
luncheon costs will be donated to the needy family.
The raffle organization will, of course, represent to the prospective
ticket purchasers that the flight is the prize, or one of the prizes for the
winner.
Section 61.118(a) of the Federal Aviation Regulations provides:
(a) A private pilot may, for compensation or hire, act as pilot in
command of an aircraft in connection with any business or employment if the
flight is only incidental to that business or employment and the aircraft
does not carry passengers or property for compensation or hire.

{p1}

As outlined above, it is our opinion that compensation for the flight
exists in two forms: (1) the direct reimbursement for fuel, and (2) the
acquisition of pilot in command time, which can be used to demonstrate
aeronautical experience eligibility for an airman certificate. With respect
to the latter form of compensation, the agency has consistently held that a
private pilot does not share the expenses of a flight with his passengers by
"donating" his pilot services, so as to fall within FAR 61.118(b). Also, the
charitable cause is not incidental to the business of the pilot, that is,
yourself, as directly related to the business enterprise, as required by FAR
61.118(a).
Additionally, the flight, as the direct inducement for the raffle
solicitation, is a charter type flight. The length of the flight removes it
from the exception provided in the applicability statement at FAR
135.1(b)(2). Even if the solicitation is conceded to be of such limited
scope as to not constitute a holding out to the public so as to constitute a
flight in air transportation, that is, common carriage, a promise is made to
the buyers of the raffle tickets to provide a service to the winners. The
service has value. In short, the flight is a flight in air commerce of
persons for compensation or hire as a commercial operator (not an air
carrier) in a small aircraft. FAR 135.1(a)(3) applies. A Part 135
certificate is required.

Sincerely,

DeWITTE T. LAWSON, JR.
Regional Counsel"

"Jose" wrote in message
t...
Many people insist it is illegal but none of them has been able to find
an FAR that supports that assertion.


Many people also insist that as a private pilot, "holding out" is illegal,
but none of them have been able to find an FAR that supports their
assertion.

Jose
--
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