the fine line between 91 and 135

[av8rbama]

Yea, it is kind of a dilemma. You need flight time to get up in the world, but yet you must stay on the up and up to keep your record un blemished.

I did a lot of flying with my own plane and a rented plane for my employer. They re-embursed me for the time on my plane and my employer paid the bill on the rental plane. The company I worked for built specialty machinery for the paper industry, so we did a lot of field service and sales trips. Since the flying was incidental to business, I was able to draw company pay while flying the aircraft. I was working there as a field service tech and machine assembler...so it was real convenient for them and me to be able to do this type of flying.

I've been fortunate to find a job flying for an aerial surveyor. Lucked up on it b/c of my 2 degrees in civil engineering. I built XC time leading up to my commercial while doing research for my masters (we did GPS surveys of airports for a state-funded research project) while having the rental paid for as incidentals. Recently, I've decided the engineering part isn't for me and flying is what I was born to do but will stick with my current job b/c of the pay and I still get to fly.

My rep with the other FBO on the field, where we base our planes, is stellar. I've gotten several trips for private owners in a 206, 210, 182, and a Saratoga based at our FBO but it was always the owner or the regular pilot contacting me, never the FBO. I've done some ride-alongs with the FBO owner (a MEI) in several 400-series Cessnas they manage and was able to log it as PIC dual and he wants to get me a good bit of experience in those planes so I can eventually work for them and fly those trips... same with a King Air based at our FBO whose regular pilot is a MEI and worked with me to get my high-altitude endorsement. I don't consider myself as flying for free b/c these are usually single-pilot trips and the pilots are doing what they can to help me out. I'm really the only young guy around here with a decent amount of experience and many of the old-school guys have told me to keep my nose clean and stick around, some great things will eventually happen. My reputation is getting around our FBO and the last thing I want to do is ruin all of these opportunities because of some dumba$$ decision I made to fly some 134 1/2 stuff at the other FBO... Like I've said before, I've got all the 210 time I could ever want at my regular job so it's not like I'm gaining anything other than an hourly rate by being over there.

 

[avbug]

It is black and white.

Not nearly so, because only part of the issue has been covered. The part covered is mostly clear-cut...but have you considered insurance? Will insurance rent the aircraft to another, and let you fly it...or will you as the pilot need to be considered the person to whom the aircraft has been rented...and will insurance cover the intended operation...a commercial use of the aircraft or a corporate endevor? Better find out.

Whomever dispensed the advice to get the AOPA legal plan is on the right track, but only so far as to suggest counsel with an attorney. If you get into trouble, having an attorney is a good idea, but it still won't prevent you from paying a penalty if you're guilty, and it won't save your career.

TurboS7 noted that if it appears illegal, treat it as such...if there's any question at all with regard to the operation in question, avoid it. This is prudence.

I asked him who would be paying me to fly and he said "we will." Red flag again...

The crucial question there is who is paying the FBO. If the FBO is flying their own people or guests at no cost, then you shouldn't have any issues. If a customer is paying for you to carry persons or property from one point to another, and you are provided by the FBO, as is the aircraft, then you have a big problem.

The issue of holding out is irrelevant. You are permitted to advertise your services as a commercially certificated pilot all you like. The FBO can advertise your services. Holding out is legal.

You cannot hold out for an illegal operation, however, without A) attracting attention you don't want, and B) paying the piper when you do attract that attention.

If you're going to advertise your services as a professional, ensure that it's done in accordance with the regulation and without any question as to your intent or limitations.