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Is this part 91 or 135?

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dhc8fo

Well-known member
Joined
Dec 30, 2001
Posts
402
Being pretty new to 135 (just now reading up on the regs) from the 121 world, can you guys answer a question?

If a company owns a plane and flies potential customers to its location each week (I should add that there are alot of repeat potential customers flying up each week, but they do vary), is this 135 or part 91???

I don't know why this seems so complicated to me.....

Thanks
 
dhc8fo said:
Being pretty new to 135 (just now reading up on the regs) from the 121 world, can you guys answer a question?

If a company owns a plane and flies potential customers to its location each week (I should add that there are alot of repeat potential customers flying up each week, but they do vary), is this 135 or part 91???

I don't know why this seems so complicated to me.....

Thanks

With the info you have provided it sounds like Part 91 to me. I am guessing that the passengers are being transported to a location to do business with said company?
 
Studying 135 myself a bit these days, if there is money exchanging hands based strictly on the flight then it should be 135.
 
well, see if this makes any difference...

The company liquidates manufacturing plants and inventories on a regular basis and dealers come up each week to the headquarters to look at what is for sale. If they like, they buy. If not, they don't.

Sometimes the same dealers come up over and over and sometimes there are new guys. The company owner was asking me about flying these guys in since most of them drive.

I believe the owner sees it as an incentive to get more dealers to come up. I have no idea how it does or doesn't contribute to actual sales made.

Does that help?

Thanks again....
 
Sounds to me like 91. They're not paying for the plane to take them to a destination of their choosing, they're riding in a company plane on company business. That's 91.

At least I think so.
 
dhc8fo said:
well, see if this makes any difference...

The company liquidates manufacturing plants and inventories on a regular basis and dealers come up each week to the headquarters to look at what is for sale. If they like, they buy. If not, they don't.

Sometimes the same dealers come up over and over and sometimes there are new guys. The company owner was asking me about flying these guys in since most of them drive.

I believe the owner sees it as an incentive to get more dealers to come up. I have no idea how it does or doesn't contribute to actual sales made.

Does that help?

Thanks again....

It's Part 91
 
dhc8fo said:
Being pretty new to 135 (just now reading up on the regs) from the 121 world, can you guys answer a question?

If a company owns a plane and flies potential customers to its location each week (I should add that there are alot of repeat potential customers flying up each week, but they do vary), is this 135 or part 91???

I don't know why this seems so complicated to me.....

Thanks

If the company is flying them in on their own dime for some business related purpose other than the business of flying them in (product inspection, contract negotiations...) then it is 91. If they are recouping the costs directly, it is 135.
 
dhc8fo said:
well, see if this makes any difference...

The company liquidates manufacturing plants and inventories on a regular basis and dealers come up each week to the headquarters to look at what is for sale. If they like, they buy. If not, they don't.

Sometimes the same dealers come up over and over and sometimes there are new guys. The company owner was asking me about flying these guys in since most of them drive.

I believe the owner sees it as an incentive to get more dealers to come up. I have no idea how it does or doesn't contribute to actual sales made.

Does that help?

Thanks again....

If he isn't charging them for the ride, it's 91.
 
as a former certificate holder, i can relate the following;

i was moved to get one when i bought this old Aztec. I started flying my brother and his associate on business trips and charged them an hourly.

i used 91.593 (or some number) which said you can charge other pax a fee based on two times fuel, parking, fees, etc.

i didn't hold out to the public, didn't fly others using the same formula, o got tired of accusations of 134.5 , so i applied for and got the cert.

i did end up advertising, flew some, spent alot of money on repairs.

lesson learned: don't ever do it again!
 
I remember reading about a case a number of years ago about a Lear operator. I will try to dig it up. He had flown certain paying clients under 135 many times. One particular trip the scheduled copilot could not make the trip so he grabbed a copilot who was current in Lears but was not 135 qualified. He made the trip, but did not charge the customers. The original copilot went to the FAA and the owner/Captain was found in violation of operating under 91 when it should have 135 because he expected to obtain future revenues from these clients. Like I said, I will try to dig this case up and post it.

AngelKing
 

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