Here's my question....Can a private pilot receive money (above and beyond his/her pro rata share) for flying a candidate in a Federal election?
My answer would be NO. Here is why I say no...
91.321 states that "an aircraft operator, other than one operating an aircraft under the rules of part 121, 125, or 135 of this chapter, may receive payment for the carriage of a candidate in a federal election, an agent of the candidate, or a person travelling on behalf of the candidate, if-
(1) That operator's primary business is not as an air carrier or commercial operator;
(2)The carriage is conducted under the rules of this part 91; and
(3) The payment for the carriage is required, and does not exceed the amount required to be paid, by regulations of the Federal election Commision (11 CFR et seq)"
Ok, so this basically allows someone operating under part 91 to carry a candidate for money. Since a private pilot operates under Part 91, this would seem to allow a private pilot pilot to conduct such a flight. However I beg to differ, I feel that 91.321 would allow a commercial pilot operating under part 91 to carry a candidate for money.
My reasoning is that 61.113 specifically prohibits a Private pilot from acting as PIC of an aircraft operated for compensation or hire. 61.113 does offer up certain exceptions to this rule but none of them mention anything close to carrying a candidate in a election.
Thus, I would say that a private pilot may NOT receive compensation for flying a candidate in a federal election. Several people have told me otherwise but I can't find anything to support their conculsion.
I would ask the FSDO but they scare me.
So, what do you folks think?
Skeezer
BTW please refrain from comments about my grammar, spelling, and organizational skills. I went to a state university.
My answer would be NO. Here is why I say no...
91.321 states that "an aircraft operator, other than one operating an aircraft under the rules of part 121, 125, or 135 of this chapter, may receive payment for the carriage of a candidate in a federal election, an agent of the candidate, or a person travelling on behalf of the candidate, if-
(1) That operator's primary business is not as an air carrier or commercial operator;
(2)The carriage is conducted under the rules of this part 91; and
(3) The payment for the carriage is required, and does not exceed the amount required to be paid, by regulations of the Federal election Commision (11 CFR et seq)"
Ok, so this basically allows someone operating under part 91 to carry a candidate for money. Since a private pilot operates under Part 91, this would seem to allow a private pilot pilot to conduct such a flight. However I beg to differ, I feel that 91.321 would allow a commercial pilot operating under part 91 to carry a candidate for money.
My reasoning is that 61.113 specifically prohibits a Private pilot from acting as PIC of an aircraft operated for compensation or hire. 61.113 does offer up certain exceptions to this rule but none of them mention anything close to carrying a candidate in a election.
Thus, I would say that a private pilot may NOT receive compensation for flying a candidate in a federal election. Several people have told me otherwise but I can't find anything to support their conculsion.
I would ask the FSDO but they scare me.
So, what do you folks think?
Skeezer
BTW please refrain from comments about my grammar, spelling, and organizational skills. I went to a state university.
