100 Hour Inspection Question

"James M. Knox" wrote in message
...
Pat Barry wrote in :

Renting out an aircraft is a commercial operation in itself,

It's renting of a piece of property. It is a commercial operation and
will require the renter to hold a state sales certificate (although not
have to pay state tax in most states).

aircraft cannot be used in any operation for compensation or hire
beyond the currency of the 100 hours inspection.

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.

I can assure you that when a plane is out of a hundred hour inspection
that it cannot be rented out.

I hate to quote FSDO web sites, because they are frequently in error.
But from, for instance, the Albany FSDO website:

"Aircraft rental by itself isn't "for hire," and applicants bring the
airplane to me for the test. However, the aircraft may have a recurring
AD that requires compliance every 100 hours, so although the 100-hour
inspection may be unnecessary, AD compliance may be."

More officially, here's an FAA Chief Counsel letter interp:

May 3, 1984
Mr. Perry Rackers
Jefferson City Flying Service

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

I'm afraid you are mistaken.

Wouldn't be the first time... but not in this case.

jmk

"James M. Knox" wrote in message ...
Pat Barry wrote in :

Renting out an aircraft is a commercial operation in itself,

It's renting of a piece of property. It is a commercial operation and
will require the renter to hold a state sales certificate (although not
have to pay state tax in most states).

It is not an "operation" as far as the FAA is concern. Operating involves
providing an aircraft and a pilot.

"Pat Barry" wrote in message ...

Renting out an aircraft is a commercial operation in itself,

Renting out an aircraft (without a pilot) isn't any kind of operation as far as the FAA
is concerned.

and an aircraft
cannot be used in any operation for compensation or hire beyond the currency of
the 100 hours inspection. An application can be given to the FAA whereby the
FAA can extend this by ten hours - but that is the only break there is.

I can assure you that when a plane is out of a hundred hour inspection that it
cannot be rented out.

And I can assure you, you are completely wrong. The rule says "carrying passengers
for hire." Rental is not carrying passengers for hire. The FAA has issued an official
ruling on this. I will repost it here as people insist on repeating this bogosity:

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

Just on a personal note from having a plane on lease back, I wouldnt fly it if
it was over 100 hours. Renters are hell on an airplane.

FryGuy wrote:

I have a question around a 100 hour inspection requirement. I've had time
blocked off at my local FBO for over a month to take a plane this Saturday.
Me and another pilot buddy are taking up the coast of North Carolina and
are going to hit the airports in the Outer Banks and go to the museum in
Kill Devil Hills.

I was just told that the aircraft we are renting is over the 100 hour
inspection requirement. I asked them if they could get it done between now
and then and they said they don't have time. Their argument is that we
won't be doing any flight training and therefore the 100 hour inspection
requirement is not applicable.

I talked with someone at the AOPA and 91.409b says:
"Except as provided in paragraph (c) of this section, no person may operate
an aircraft carrying any person (other than a crewmember) for hire, and no
person may give flight instruction for hire in an aircraft which that
person provides, unless within the preceeding 100 hours of time in service
the aircraft has received and annual or 100 hour inspection....."

The rep at the AOPA said that their interpretation is that since it is a
rental plane it is "for hire". I talked with the head A&P Mechanic at the
FBO and he said "for hire" only means if their are paying passengers.

I know this plane well and I know it is a good plane. I just don't want to
violate any FARs. Any help or suggestions would be appreciated.

Thanks,
Jeff Frey
PP-ASEL