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Military TDY reimbursement and FAR 61.113

paranode

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Mar 11, 2009
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Hello, I have a question about FAR 61.113 as it relates to reimbursement for flying expenses. The military has a policy whereby an active duty individual can be reimbursed for expenses of flying themselves to a destination on TDY orders if the government determines it will save them money vs. going the commercial route. However, I am unsure how to reconcile this with the FARs that state that a private pilot can't pay less than their pro-rata share of the operating expenses. They will supposedly even pay you extra if you take other pax on the same orders. If the military owns the plane (aero club), does this qualify as an exception under subsection (b)?

Thanks. :)
 

kmox29

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Jan 12, 2005
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About 5 months into working for the FAA, I had a complaint with almost the exact same circumstances.

A gentleman worked for a company which was reimbursing him for flying to business meetings. Someone at the local FBO called on it becuase he was renting their planes and they knew he was only a Private Pilot and knew he was being reimbursed by the company for flight expenses.

In essence, the businessman was not being paid to fly the aircraft. He was not employed as a company pilot. He was simply being reimbursed for his travel expenses. This would be no different than if he submitted a reimbursement form for renting a car to drive to the destination. Reference 14 CFR 61.113(b)(1).

If he were submitting reimbursement forms for amounts EXCEEDING the actual expenses, then he would be in violation. In your question, you state that you could be paid extra if you take other people with you. This is not legal. You cannot be "paid" to act as a pilot. Reference 14 CFR 61.113(b)(2).

As always, I would contact your local FSDO to verify what you are asking, as every circumstance is a little different and I don't know if I have the whole story with your post.

If you have more questions, feel free to PM me.

-Avitaion Safety Inspector
 
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