"James M. Knox" wrote in message ...
"Tarver Engineering" wrote in news:5YCdnQMkPtw0dyqiRVn-
:

But it can be flown by the renter, or his pilot (including a flight
instructor *the renter provides*, as long as it is in annual and
otherwise airworthy. No 100 hour inspection is required.

Nope, go read your own FAA opinion again.

Okay... been there, done that. Care to try to be more specific?

Note that I specifically referred to a flight instructor PROVIDED BY THE
RENTER.

You've changed what you are talking about. Your original assertion was
that any rental was covered by 100 hour. The legal interps posted here
cover that.

Now if you want to talk about the "flight instructor providing the aircraft"
versus "flight instructor provided by the renter" there's another legal interp.


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.

{p19}

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