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Old March 26th 04, 01:12 AM
Peter Duniho
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"ET" wrote in message
...
I say let Mark fly and then just pull up to the pump and fill up marks
plane with fuel, and maybe the next time he needs fuel also. No ones to
know who's credit card was used... of course that's not relevant to was
it legal under the regulations or not..., just would you get caught...
unlikely, but that's the way I would do it.


By that logic, why not just accept another $100 cash. After all, "no ones
[sic] to know" where the $100 came from, right?

Whether we think the rules make sense, or whether we like them, is
irrelevant. The FAA has been clear that they will interpret and enforce the
no-compensation rules for private pilots, and that anything that could be
even remotely construed as a "for hire" situation will be.

The "commonality of purpose" criteria is the most common way for pilots to
be violated by the FAA. If you accept compensation, even if it's just
pro-rata sharing, you had better make sure that you have a commonality of
purpose. Otherwise, should the FAA get wind of your flight, they will come
after you.

It is akin to telling me I can't let my father fill up my car with gas
while I drive with him around town, cause then I would have to get a taxi
license.


It's true. The FAA regulations are much stricter than motor vehicle rules,
and they are much more strictly enforced. You'll notice that pretty much
everything about aviation is much more strictly regulated than it is in
motor vehicles. So what? That doesn't change how things are in aviation,
nor does it mean that you can draw analogies between aviation and motor
vehicle law. The two are very different. Don't confuse them.

As far as the legitimacy of the regulation goes, I personally have no
problem with it. It's simply one of many rules that the FAA has set out for
us. If you want to use an airplane to do a friend a favor, then you do so
at your own expense. It's simple to understand. If you know someone that
needs an airplane, and you're not willing to foot the bill, let them pay a
commercial pilot working for an appropriate Part 135 operator handle the
job.

Pete