100 Hour Inspection Question

"Chuck" wrote in message link.net...


I just got out of A&P school earlier this year, so I am no expert by any
means, but one of the things that they drilled into our heads during FAR's
was that a plane for hire and/or flight lessons from a flight school, fall
under the 100 hour inspection.

Well they drilled misinformation into your head. Rental without instructor or pilot
does not fall under the 100 hour requirement. Here is the rule straight from 91.409:

(b) 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 preceding 100 hours of time in service the aircraft has received an annual
or 100-hour inspection

Note it says nothing about offering the aircraft for hire, it says CARRYING ANY PERSON
FOR HIRE. This means passengers on demand or for compensation.

Here is a clarifcation from the FAA Counsel that reaffirms the rules mean what the
say:

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 i
nspection. 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