![]() |
If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
|
#1
|
|||
|
|||
![]()
"J. Hansen" wrote in message
om... There is something close. In NTSB order (EA-4791), a private pilot transported a mechanic for a medical air transportation service to repair one of their stranded helicopters. Yes, I read about that in AOPA Pilot (if it's the same one I recall). It's not a relevant example though, because what tripped the pilot up was the "for hire" clause, not the "for compensation" clause. Also, you do note that in the end, the pilot was absolved, in a rare NTSB reversal. So the case is more an example of how the FAA can make your life miserable, and less an example of what the rules actually mean. Pete |
#2
|
|||
|
|||
![]()
"Peter Duniho" wrote:
Yes, I read about that in AOPA Pilot (if it's the same one I recall). It's not a relevant example though, because what tripped the pilot up was the "for hire" clause, not the "for compensation" clause. Also, you do note that in the end, the pilot was absolved, in a rare NTSB reversal. So the case is more an example of how the FAA can make your life miserable, and less an example of what the rules actually mean. The NTSB was at pains to establish that the pilot did not “hold himself out for compensation or hire.” IIRC, the original question was whether it would be OK to fly two people to city A, split the cost 3 ways and then fly back alone, paying all the cost of the return. It would probably depend on whether the pilot was found to “hold himself out for compensation or hire.” If you post a notice on a board that you will transport people under the arrangement above, there would be no common purpose for the flight and the NTSB/FAA would probably find that you were holding yourself out "for compensation or hire." It's not relevant whether you make or lose money on the operation, only that you say you will provide transportation for the specified amount - namely 2/3 of the outbound flight cost. Todd Pattist (Remove DONTSPAMME from address to email reply.) ___ Make a commitment to learn something from every flight. Share what you learn. |
#3
|
|||
|
|||
![]()
One problem is that if you strictly follow all the rules you cannot seem to
fly anybody anywhere. Let's say my wife wants to go visit a friend of hers 300 miles away. If I fly her there the FAA could turn around and say I had no reason to go there and by telling my wife I would fly her on such trips during my training I was "putting myself out for compensation" (namely, being allowed to train). So, it's not a matter of breaking rules, it's a matter of which ones and how severely. We're always breaking some rule. "Todd Pattist" wrote in message ... "Peter Duniho" wrote: Yes, I read about that in AOPA Pilot (if it's the same one I recall). It's not a relevant example though, because what tripped the pilot up was the "for hire" clause, not the "for compensation" clause. Also, you do note that in the end, the pilot was absolved, in a rare NTSB reversal. So the case is more an example of how the FAA can make your life miserable, and less an example of what the rules actually mean. The NTSB was at pains to establish that the pilot did not "hold himself out for compensation or hire." IIRC, the original question was whether it would be OK to fly two people to city A, split the cost 3 ways and then fly back alone, paying all the cost of the return. It would probably depend on whether the pilot was found to "hold himself out for compensation or hire." If you post a notice on a board that you will transport people under the arrangement above, there would be no common purpose for the flight and the NTSB/FAA would probably find that you were holding yourself out "for compensation or hire." It's not relevant whether you make or lose money on the operation, only that you say you will provide transportation for the specified amount - namely 2/3 of the outbound flight cost. Todd Pattist (Remove DONTSPAMME from address to email reply.) ___ Make a commitment to learn something from every flight. Share what you learn. |
#4
|
|||
|
|||
![]()
"Peter Gottlieb" wrote in message
. net... [...] If I fly her there the FAA could turn around and say I had no reason to go there and by telling my wife I would fly her on such trips during my training I was "putting myself out for compensation" (namely, being allowed to train). I think it's a stretch to think that the FAA would find you to be "holding out" to your own wife. Generally, the standard requires holding out to the *public*. IMHO, the only reason you think there's no way to strictly follow the rules is that you're misinterpreting the rules. Pete |
#5
|
|||
|
|||
![]()
"Peter Duniho" wrote in message
... IMHO, the only reason you think there's no way to strictly follow the rules is that you're misinterpreting the rules. A logical supposition, but easy to get into when the rules are complex and the real rules are a mix of regulatory law, case law, and the sometimes confused interpretation of different officials. Notwithstanding the mental masturbation that occurs in these forums at times (and I am as guilty as anyone), I use common sense to guide my actions and generally will make any flight that I can. Peter |
#6
|
|||
|
|||
![]()
"Peter Gottlieb" wrote in message
. net... [...] I use common sense to guide my actions and generally will make any flight that I can. I think that especially if you are right, but even if the rules *can* be followed exactly, that's a very sensible approach. ![]() |
#7
|
|||
|
|||
![]() I think it's a stretch to think that the FAA would find you to be "holding out" to your own wife. Based on what I've read about this, I think the FAA stretches things. Jose (for Email, make the obvious changes in my address) |
#8
|
|||
|
|||
![]()
"Peter Duniho" wrote in message ...
"J. Hansen" wrote in message om... There is something close. In NTSB order (EA-4791), a private pilot transported a mechanic for a medical air transportation service to repair one of their stranded helicopters. Yes, I read about that in AOPA Pilot (if it's the same one I recall). It's not a relevant example though, because what tripped the pilot up was the "for hire" clause, not the "for compensation" clause. One other thing to note in this example. The whole debacle started because the maintenance company owner (the mechanic's employer) attempted to include transportation charges for the mechanic in his bill to the medical transport service. John Galban=====N4BQ (PA28-180) |
Thread Tools | |
Display Modes | |
|
|
![]() |
||||
Thread | Thread Starter | Forum | Replies | Last Post |
Handheld battery question | RobsSanta | General Aviation | 8 | September 19th 04 03:07 PM |
VOR/DME Approach Question | Chip Jones | Instrument Flight Rules | 47 | August 29th 04 05:03 AM |
Tecumseh Engine Mounting Question | jlauer | Home Built | 7 | November 16th 03 01:51 AM |
Question about Question 4488 | [email protected] | Instrument Flight Rules | 3 | October 27th 03 01:26 AM |
Partnership Question | Harry Gordon | Owning | 4 | August 16th 03 11:23 PM |