It would require annual and 100hr inspections (i.e. every 100 hours
it flies), in addition to miscellaneous repairs.

Nope.

-----------------------------------------------------------
May 3, 1984
In Reply Refer To: ACE-7

Mr. Perry Rackers
Jefferson City Flying Service
PO Box 330
Jefferson City, Missouri 65101


Dear Mr. Rackers:

This is in reply to your request of May 1, 1984, that we render an
opinion regarding the applicability of the 100-hour inspections
requirement of Section 91.169(b) of the Federal Aviation Regulations
to rental aircraft.

Section 91.169(b) of the Federal Aviation Regulations provides that,
except as noted in Section 91.169(c), a person may not operate an
aircraft carrying any person, other than a crewmember, for hire, and
may not give flight instruction for hire in an aircraft which that
person provides unless, within the previous 100 hours of time in
service, the aircraft has received either an annual or a 100-hour
inspection.

If a person merely leases or rents an aircraft to another person and
does not provide the pilot, that aircraft is not required by Section
91.169(b) of the Federal Aviation Regulations to have a 100-hour
inspection. As noted above, the 100-hour inspection is required only
when the aircraft is carrying a person for hire, or when a person is
providing flight instruction for hire, in their own aircraft.

If there are any questions, please advise us.

Sincerely,
/s/
Joseph T. Brennan
Associate Regional Counsel

February 14, 1975

Mr. Robert W. Slater


Dear Mr. Slater:

We refer to your letter dated January 28, 1975, which requests our
interpretation of FAR 91.169(b) as that regulation might apply to your
flying club.

You state that the Georgia Lockheed Employees Recreation Club, Inc.
(GLERC) is a nonprofit organization which owns five Cessna airplanes.
These airplanes are operated by members of GLERC Flying Club, Inc. It
is not clear whether Georgia Lockheed Employees Recreation Club, Inc.
is the same organization as GLERC Flying Club, Inc. If these two
corporations are in fact different, I assume that the Recreation Club
permits the Flying Club to utilize the airplanes by lease or other
similar arrangement.

You pose the following question:

If a student furnishes an airplane which is not operated for hire to
be used for his own flight instruction and he then pays a flight
instructor for instruction, must the airplane have received a 100 hour
inspection within the previous 100 hours in order to comply with FAR
91.169(b)?

For the purposes of our reply, we assume that the "student" referred
to above is a member of GLERC Flying Club, Inc. and the airplane
furnished is one of the Cessnas operated by the Flying Club.

Section 91.169(b) pertinently provides:
... [1] no person may operate an aircraft carrying any person
(other than a crewmember) for hire, and [2] no person may give flight
instruction for hire in an aircraft which that person provides unless
within the preceding 100 hours of time in service it has received ...
100-hour inspection ... (Numbers and brackets added.)

In the first instance, the student is not carrying anyone for hire.
Moreover, the flight instructor is a crewmember. Thus, there is no
requirement for the airplane to have a 100-hour inspection.

In the second instance, the flight instructor is not providing his own
airplane, the airplane being furnished by the student. Thus, this part
of Section 91.169(b) does not appear to be applicable.

In view of the above, it is our opinion that FAR 91.169(b) does not
apply to the factual situation presented.

Very truly yours,
R.R. HAGADONE
Attorney
Office of the Regional Counsel