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#1
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Does anyone have or know of a place to find a valid interprtaion of
61.113? Can a US Private Pilot legaly tow a glider for compensation? |
#2
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Jackal wrote:
Does anyone have or know of a place to find a valid interprtaion of 61.113? Can a US Private Pilot legaly tow a glider for compensation? No. |
#3
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From the FAA FAQ File, Revision #20, April 6, 2004.
QUESTION: I have reviewed your question in which you asked whether a private pilot may receive compensation while towing gliders, in accordance with the new § 61.113(g). ANSWER: Ref. § 61.113(g); The answer is no, a private pilot may not receive compensation for towing a glider. The intent, and the wording of the § 61.113(g), was to permit a private pilot who meets the requirements of § 61.69 of this part to ". . . act as pilot in command of an aircraft towing a glider" for the purpose of logging pilot in command (PIC) time. The new rule was never intended to conflict with the FAA's long standing legal interpretations and policies on compensation for private pilots. And the wording of the § 61.113(g) only addresses the issue that permits a private pilot to ". . . act as pilot in command of an aircraft towing a glider" for the purpose of permitting a private pilot to log pilot in command time. As you recall, the wording of the old § 61.69 permitted a private pilot to act as a PIC but was moot on logging the time. The § 61.113(g) was issued to correct it. However, we agree the wording of the § 61.113(a) may be confusing. In the next go-around on correcting some of the wording mistakes, we have recorded it as a needed correction to conform the intent and the wording of § 61.113(g). "Jackal" wrote in message oups.com... Does anyone have or know of a place to find a valid interprtaion of 61.113? Can a US Private Pilot legaly tow a glider for compensation? |
#4
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![]() "T o d d P a t t i s t" wrote in message 1) The wording in § 61.113(g) is quite clear and allows a private pilot to tow for compensation. no it is not clear... and that is the issue... 61.113(a) says a private pilot cannot act as PIC nor receive compensation except as provided in (b) through (g) (b) through (f) cover various circumstances when a private pilot may share pro rata expenses, be reimbursed for cost, fly as PIC for charity events etc, and fly as "incidental" to a business, but it never says he can be paid to be a pilot. (g) says he can be PIC for towing, it does not say he can get paid to do it. Sooo... (a) says he cannot be PIC of an aircraft carrying passengers or cargo except for (g), and (g) says he can be PIC for towing, it does not say he can be compensated. I've heard these comments about Mr Lynch in the past, and if his information is so bad, then why does the FAA keep updating it on their official gov web page? |
#5
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![]() You are reading something into the regulations which they do not say. 61.69 clearly says that private pilots, subject to certain requirements for training and experience, may tow gliders. The issue of compensation is not addressed at all in this part. 61.113 (a) lays out the general prohibitions against private pilots flying for compensation, subject to the exceptions laid out in paragraphs (b) through (g). Read the plain language for what it says. Towing is one of the exceptions to 61.113(a) which only discusses piloting for compensation. If a private pilot could not be paid for towing, there would be no need whatsoever for paragraph (g). It would be excluded by 61.113(a). FAA inspectors are bound by the language, not whether they agree with or like the regulation. Pete Brown BTIZ wrote: "T o d d P a t t i s t" wrote in message 1) The wording in § 61.113(g) is quite clear and allows a private pilot to tow for compensation. no it is not clear... and that is the issue... 61.113(a) says a private pilot cannot act as PIC nor receive compensation except as provided in (b) through (g) (b) through (f) cover various circumstances when a private pilot may share pro rata expenses, be reimbursed for cost, fly as PIC for charity events etc, and fly as "incidental" to a business, but it never says he can be paid to be a pilot. (g) says he can be PIC for towing, it does not say he can get paid to do it. Sooo... (a) says he cannot be PIC of an aircraft carrying passengers or cargo except for (g), and (g) says he can be PIC for towing, it does not say he can be compensated. I've heard these comments about Mr Lynch in the past, and if his information is so bad, then why does the FAA keep updating it on their official gov web page? -- Peter D. Brown http://home.gci.net/~pdb/ http://groups.yahoo.com/group/akmtnsoaring/ |
#6
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![]() "Pete Brown" wrote in message ... FAA inspectors are bound by the language, not whether they agree with or like the regulation. Insurance companies are another matter. Vaughn |
#7
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Quote" FAA inspectors are bound by the language, not whether they
agree with or like the regulation." True but they have almost as much difficultying understanding it at we do. And if they think you are in violation of the rule they are obligated to cite you for it. My best advice on the issue is that before doing it, Get friendly with you local FSDO and see what thier interpretation of it is. After all they are the ones that will or will not have an issue with it. Generally, If you are not recieving any type of monetary compensation (Cash, Trading for Flight Time or instruction, etc), or Towing for any type of comercial operation or using the Flight time to build experience toward a rating then go ahead and do it. Otherwise a phone call the the FSDO may keep you out of hot water. Or at least thier perception of hot water. Brian CFIIG/ASEL |
#8
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Completely correct. The insurance companies can impose
further restrictions as a condition of coverage but the question was whether the FARS permit a Pvt. pilot to tow for compensation, not whether the insurance will cover such an operation. Pete Vaughn wrote: "Pete Brown" wrote in message ... FAA inspectors are bound by the language, not whether they agree with or like the regulation. Insurance companies are another matter. Vaughn -- Peter D. Brown http://home.gci.net/~pdb/ http://groups.yahoo.com/group/akmtnsoaring/ |
#9
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Pete.. read 61.113(a) again please... it says private pilots may not act as
PIC nor be Compensated except as in b through g... so... para G exempts him from the PIC limitation, but not from the compensation. BT "Pete Brown" wrote in message ... 61.113 (a) lays out the general prohibitions against private pilots flying for compensation, subject to the exceptions laid out in paragraphs (b) through (g). Read the plain language for what it says. Towing is one of the exceptions to 61.113(a) which only discusses piloting for compensation. If a private pilot could not be paid for towing, there would be no need whatsoever for paragraph (g). It would be excluded by 61.113(a). FAA inspectors are bound by the language, not whether they agree with or like the regulation. Pete Brown BTIZ wrote: "T o d d P a t t i s t" wrote in message 1) The wording in § 61.113(g) is quite clear and allows a private pilot to tow for compensation. no it is not clear... and that is the issue... 61.113(a) says a private pilot cannot act as PIC nor receive compensation except as provided in (b) through (g) (b) through (f) cover various circumstances when a private pilot may share pro rata expenses, be reimbursed for cost, fly as PIC for charity events etc, and fly as "incidental" to a business, but it never says he can be paid to be a pilot. (g) says he can be PIC for towing, it does not say he can get paid to do it. Sooo... (a) says he cannot be PIC of an aircraft carrying passengers or cargo except for (g), and (g) says he can be PIC for towing, it does not say he can be compensated. I've heard these comments about Mr Lynch in the past, and if his information is so bad, then why does the FAA keep updating it on their official gov web page? -- Peter D. Brown http://home.gci.net/~pdb/ http://groups.yahoo.com/group/akmtnsoaring/ |
#10
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BT:
BTIZ wrote: Pete.. read 61.113(a) again please... it says private pilots may not act as PIC nor be Compensated except as in b through g... so... para G exempts him from the PIC limitation, but not from the compensation. BT hmmm. ...you caused me to reread this for the umpteenth time. Section 61.113: Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. We agree on (a).. Pvt. pilot can not act as PIC in acft carrying passengers or property for hire or otherwise act as PIC except as provided... 61.113(g) A private pilot who meets the requirements of §61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle. I am still stuck on the fact that if the FAA meant that a Pvt. pilot could tow per 61.69 but that that he could not be compensated, there would have been no reason to add (g). 61.69 would permit towing by a Pvt. pilot and 61.113(a) would have denied compensation for towing by a Pvt. pilot. End of subject. But they didn't write it that way. They added (g) as an exception to 61.113(a) which refers only to the prohibitions against acting as PIC when carrying passengers or property for hire or otherwise operating an aircraft as PIC. Don't you just love these easy to understand regulations? I posed this very question to Bob Wander this last weekend at out CFIG refresher clinic and he said he would look into it. When I hear from him, I will post a note here. On the bigger issue, what justifiable public purpose is served by denying qualified private pilots from towing for compensation? I don't see any in the accident stats and the original purpose of the prohibition was to limit economic competition for commercial pilots under the FAA's "foster air commerce " clause. Safety was not the issue. In the old days, prior to the rewrite the SSA had an exemption, much like the data plate exemption, that allowed towing by private pilots for compensation by SSA chartered clubs. (Up to that point, compensation, as defined by the FAA, included the logging of time even if the pilot was not paid.) The rewrite in 1997(?) of Part 61 was supposed to eliminate the need for the towing exemption. All they did was further confuse the issue. Pete -- Peter D. Brown http://home.gci.net/~pdb/ http://groups.yahoo.com/group/akmtnsoaring/ |
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