Compensation vs. Cost sharing?

"Peter Duniho" wrote in message
...
"John Galban" wrote in message
ups.com...
[...]
Probably not. The FAA has long held that aerial photography (i.e.
snapping photos and selling them) is not a commercial pilot activity.

Keep in mind that the compensation rules are primarily designed to
discourage private pilots from flying passengers for hire.

"Primarily", perhaps. Hard to say without talking to the person who
designed them (which I haven't, but he did publish a FAQ ).

However, there are plenty of examples of "for hire" operations that don't
involve passengers, and which are prohibited. Crop dusting, banner
towing, etc. Obviously the "design" of the compensation rules
incorporates those concerns as well. Whether they are all only secondary
or not, I don't know.

That said, it's my recollection that you're correct about aerial
photography. I haven't been able to find a reference, and I believe that
the allowance applies only to pilots who are doing the photography
themselves. A pilot carrying a passenger who is doing the photography
would require a commercial certificate (but the operation would otherwise
still be allowed under Part 91, at least).

I would love to see the references that describe all this. The Part 61
FAQ implies it, but doesn't state so directly.

Pete


As I recall the FAA makes the distinction based on whether or not the pilot
is being compensated for flying the airplane. They will accept compensation
as long as it is not for flying. For example, an employee can fly an
airplane on company business with a private ticket if he is not paid for
flying. He may be paid for the trip, but the payment must be the same
whether he is flying, driving, or taking the bus. :-) There are many
"dodges" used to allow the pilot to get someone else to pay for his flying,
but the FAA closes them down as fast as they can find them. By the way,
they now consider "flying time" in the logbook as "compensation."

The photographer can fly his own or rented airplane and take pictures and be
paid for the pictures. He is not being paid for the flying.

If your cousin wants to fly to Schenectady and offers to pay for the
airplane if you will fly him there and back it is considered compensation
( the flying time ) and you will get nailed.

If YOU are flying to Schenectady and your cousin wants to go along and he
pays half the cost of the flight, that is OK. But you had to be going to
Schenectady even if your cousin didn't want to go along. Therein lies a
large gray area, because intentions are a lot more difficult to discern than
actions are.

Highflyer
Highflight Aviation Services
Pinckneyville Airport ( PJY )