100 Hour Inspections

I was reading some FARs. Specifically, 91.409 section (b).

"(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 and been approved for
return to service in accordance with part 43 of this chapter or has received
an inspection for the issuance of an airworthiness certificate in accordance
with part 21 of this chapter. The 100-hour limitation may be exceeded by not
more than 10 hours while en route to reach a place where the inspection can
be done. The excess time used to reach a place where the inspection can be
done must be included in computing the next 100 hours of time in service."

So let's say I get an Annual on my own plane in January, fly 100+ hours by
October, and then hire an instructor in November to get an IPC or a BFR. Have
I violated this FAR? Do I need get a 100 hour inspection or another annual
first?

Your instructor is not providing the aircraft, you are, so this does not
apply. "no person may give flight instruction for hire in an aircraft which
that person (the CFI) provides...."
Jim

"Jim Burns" wrote in
:

Your instructor is not providing the aircraft, you are, so this does not
apply. "no person may give flight instruction for hire in an aircraft
which that person (the CFI) provides...."
Jim

I misread the object of "that person". Makes much more sense now...

Judah wrote:
So let's say I get an Annual on my own plane in January, fly 100+ hours by
October, and then hire an instructor in November to get an IPC or a BFR. Have
I violated this FAR? Do I need get a 100 hour inspection or another annual
first?

Only if the CFI is renting the airplane to you.

-Robert

Judah wrote:
I was reading some FARs. Specifically, 91.409 section (b).

"(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 and been approved for
return to service in accordance with part 43 of this chapter or has received
an inspection for the issuance of an airworthiness certificate in accordance
with part 21 of this chapter. The 100-hour limitation may be exceeded by not
more than 10 hours while en route to reach a place where the inspection can
be done. The excess time used to reach a place where the inspection can be
done must be included in computing the next 100 hours of time in service."

So let's say I get an Annual on my own plane in January, fly 100+ hours by
October, and then hire an instructor in November to get an IPC or a BFR. Have
I violated this FAR? Do I need get a 100 hour inspection or another annual
first?

"that person" refers to the instructor, not the instructee. You don't need to
get a 100 hour inspection on your own plane if you don't rent it out.

--
Don Poitras

renting out is not for hire, unless the renter is using the
airplane for instruction given or providing charter
services.



"Don Poitras" wrote in message
...
| Judah wrote:
| I was reading some FARs. Specifically, 91.409 section
(b).
|
| "(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
and been approved for
| return to service in accordance with part 43 of this
chapter or has received
| an inspection for the issuance of an airworthiness
certificate in accordance
| with part 21 of this chapter. The 100-hour limitation
may be exceeded by not
| more than 10 hours while en route to reach a place where
the inspection can
| be done. The excess time used to reach a place where the
inspection can be
| done must be included in computing the next 100 hours of
time in service."
|
| So let's say I get an Annual on my own plane in January,
fly 100+ hours by
| October, and then hire an instructor in November to get
an IPC or a BFR. Have
| I violated this FAR? Do I need get a 100 hour inspection
or another annual
| first?
|
| "that person" refers to the instructor, not the
instructee. You don't need to
| get a 100 hour inspection on your own plane if you don't
rent it out.
|
| --
| Don Poitras

Recently, Jim Macklin posted:

renting out is not for hire, unless the renter is using the
airplane for instruction given or providing charter
services.

Oh? If "renting out is not for hire", then what does a flying club or an
FBO do? The ARE required to have 100 hr. inspections, even if they aren't
providing charter services or giving instruction.

Neil

Their own rules may require 100 hour inspections, but the
FAA does not for airplanes just used for rental. A renter
is considered the "operator" of the airplane.

Even an FBO that is using a fleet of airplanes for
instruction, that are required to have 100 hour inspections
for the instruction [ read dual flights] can rent those same
airplanes to a student or any other person even if the 100
hour inspecdtion is due [ time up].


"Neil Gould" wrote in message
...
| Recently, Jim Macklin
posted:
|
| renting out is not for hire, unless the renter is using
the
| airplane for instruction given or providing charter
| services.
|
| Oh? If "renting out is not for hire", then what does a
flying club or an
| FBO do? The ARE required to have 100 hr. inspections, even
if they aren't
| providing charter services or giving instruction.
|
| Neil
|
|

Jim...

That's not the current interpretation from Ok City. The FBO or club that
rents aircraft for instruction is not required to have 100 hour inspections.
The focus of the 100 hour inspection has been severely narrowed to mean that
the instructor him/herself must own the aircraft, rent it to the student,
and also be giving dual instruction for the purposes of the regs.

WHat is still a gray area is if (as in my case) a CORPORATION owns the
aircraft, I 100% own the corporate stock, and I give the instruction,
whether the corporation can rent the aircraft and I give the instruction
without the 100 hour inspection. I never worried about it; I simply did the
100 hour myself and didn't push the issue, but the issue is still
unresolved.

You may have a later Staff Counsel opinion and if so, I'd like a pointer to
it.

Jim



"Jim Macklin" wrote in message
...
Their own rules may require 100 hour inspections, but the
FAA does not for airplanes just used for rental. A renter
is considered the "operator" of the airplane.

Even an FBO that is using a fleet of airplanes for
instruction, that are required to have 100 hour inspections
for the instruction [ read dual flights] can rent those same
airplanes to a student or any other person even if the 100
hour inspecdtion is due [ time up].

"Neil Gould" wrote in message
...
Recently, Jim Macklin posted:

renting out is not for hire, unless the renter is using the
airplane for instruction given or providing charter
services.

Oh? If "renting out is not for hire", then what does a flying club or an
FBO do? The ARE required to have 100 hr. inspections, even if they aren't
providing charter services or giving instruction.

Absolutely incorrect. They are NOT required to have 100 hour inspections.


Jim
A&P, IA