carrying passengers for hire

[varicam]

So a guy I know is an independent contract instructor and the owner of the planes he flys is also part owner in the mechanic division of the FBO. One of the mechanic's clients brings a plane for an annual, lives 80 miles away and needs a ride back. If the mechanic asked the instructor to fly his client back and the mechanic is renting the plane from the plane owner/FBO owner/mechanic part owner, does this fall into a legal 91 scenario?

If the passenger rents the airplane, it's not air transportation for hire because the passenger is the operator. If the mechanic rents the airplane and provides free transportation, it's not air transportation for hire because the "for hire test" isn't met. If the mechanic rents the airplane and the charge is passed along to the passenger directly or indirectly, it's illegal under Part 91. The underlying purpose of the air transportation regulations is to provide a higher level of safety for those who pay for air transportation of persons or property.

 

[TAG2]

If you are getting paid to fly somebody from point "a" to point "b" on your commercial certificate and the person paying you does not own the airplane (does not have operational control), and you are not doing the sightseeing within 25 nm thing or instructing or etc.,etc., you WILL get popped for doing illegal charter flying. Don't mess with this one. It will take a whole bunch of money and a team of attorneys to try to prove the technicalities of the regulations AND you may never work in the business again. NOT WORTH IT!

It comes down to who is paying you. Is it the owner of the airplane or is it the passenger/owner of the cargo(non-owner of the airplane). The first is ok, the latter is not. The non-owner passenger may not pay for the airplane or pilot except for expense sharing or interchange.

 

[avbug]

Tag2 is correct, as are many other postings here.

One comment:

If the person doesn't own the C-172 but asks you rent or otherwise provide the aircraft, now you are holding out and will have arranged the transportation deal.

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With respect to this, if someone asks you to fly them from A to B, you are not necessarily holding out if you provide the airplane. You are holding out if you advertise by any media, including reputation or word of mouth, that you can make the flight. You cannot make the flight without a 135 certificate, but you are not holding out.