FAR question

[kc81900]

I haven't had my head into the FAR's in years I am hoping someone can help me. A friend of mine is a high school coach and is having an auction to raise money. He wanted to know if I could take someone flying. My question is this I am an ATP rated pilot is there anyway I can do a one hour flight for him to raise money. I was thinking if I rent the plane and pay for it myself and volunteer my time. He would auction the hour long flight off and keep all proceeds and I would just use the expense as a write off. Any ideas I know the part 91 part 135 rules have gray areas and I don't want to get in trouble with the feds.

thanks in advance

 

[Dr Pokenhiemer]

I think you will be okay as long as you don't charge for your services. Sounds like you would be donating your time--how your passenger ended up on the flight should not be an issue.

 

[midlifeflyer]

Unfortunately, it's a flight for compensation. The passenger is paying for the flight (although not to you - doesn't matter). This is the reason there is an exception that permits =organized= charitable flights in 61.113.

But, as a commercial pilot, so long as you limit it to a sightseeing flight, you are out of Part 135. See FAR 119.1. There is a catch, though. Here's my FAQ on it:

==============================
Sightseeing:

Sightseeing is one of those things that you can do as a commercial pilot without going the 135 route. But there is a regulatory catch: you need to have a Part 135-style drug program in place.

Sightseeing flights within 25 NM which start and end at the same airport are exempt from operator certificate requirements under 119.1(e)(2). But 135.1(a)(5) lists a group of Part 135 rules that apply to these flights. Those rules, contained in 135.249, 135.251, 135.253, 135.255, and 135.353 are the drug and drug-testing rules.

What this means is that you may do sightseeing flights under Part 91 with only a commercial pilot certificate and without a Part 135 operator certificate. But (and it's a BIG but), you must have an official Part 135 drug program in place. Ends up being cost-prohibitive for many.

(There may also be insurance issues for the FBO if you are using the airplane for a commercial operation other than flight training)
==============================

 

[Dr Pokenhiemer]

Sorry, but I still agree with me. You said you were renting the plane yourself and donating your time. Who cares? The fact that your passenger won a raffle drawing or had the winning bid in an auction is irrelevant. In fact, you onlly have to pay 1/2 of the rental. You may split the cost evenly as long as you pay your fair share and don't charge for your time. People here have a knack for making a mountian out of a mole hill.

 

[midlifeflyer]

That's okay. kc asked what the rule was. I simply answered the question based on the FARs say and how they've been interpreted by the FAA. What he or you choose to do with that infomtaion is not my conce

 

[mattpilot]

Q for midlife

Does the drug program only apply to 'guys' who operate a certain amount of flights/week or does it apply to all, even one time flights?

I'd look it up, but i'm out of the country at the moment with no FAR/AIM

 

[CFIse]

Q for midlife

Does the drug program only apply to 'guys' who operate a certain amount of flights/week or does it apply to all, even one time flights?

Not midlife - but it applies to everyone. If you want to operate a commercial sightseeing flight under the 119 exemption then you need a 135 drug program.

Of course soon you'll need a 135 certificate - thus removing the ambiguity....

 

[midlifeflyer]

CFIse is right. The only thing I'd add is that if you are doing sightseeing flights for an airport open house purposes or the 61.113(d) type flight, AOPA has an exemption for the testing.

I've never heard of it being used for auctioned flights, and the requirements make it pretty clear that they are talking about "events," but if you are a member, you might give them a call.

Another possibility. Do you have a CFI hiding among your ratings. None of the drug testing stuff applies to donating a introductory flight lesson. I do on eof two of those a year.

BTW, CFIse? That change to P{art 135 has been dangling around for about 2 years. I haven't heard anything since the first round of yelling and screaming. Is there something new happening with it?

 

[CFIse]

BTW, CFIse? That change to P{art 135 has been dangling around for about 2 years. I haven't heard anything since the first round of yelling and screaming. Is there something new happening with it?

You're right - I do keep hearing about it, but maybe I'm just behind in my magazine reading - but it got iced about 12 months ago and the FAA hasn't withdrawn it or pushed it forward.

If I was a nasty cynical person I'd guess they're waiting for a well publicised sightseeing accident to whip it back out and implement it, because, after all, "it's for the children".

 

[onthebeach]

Here we have a concise statement of the problem:

>>I haven't had my head into the FAR's in years <<

Have a nice day.