Transporting customers under Part 91

[avbug]

Caveman,

My first clue that the Feds are on the ramp is sighting folks wearing socks that don't match..

 

[f18pugsley]

AVBUG,

Concerning Toy Soldier's Case 1:

Do those organizations that have pilots do charitable flying for medical purposes (flying people to appointments, etc.) need a commercial ticket or 135 certificate? I haven't looked too far into it myself since I don't own an airplane, but I thought I had seen some of these organizations advertising that any private pilot with an airplane can help them. What is the difference between this and pilotman flying the pastor around for free (even if the pastor requests the ride)? Also, can't a pilot take Boy Scouts up for a ride and call it tax-deductible travel? (Just like hauling a car load of scouts on a camping trip is tax deductible for the mileage.)

 

[avbug]

The application of charitable flying activities such as Angelflight, are narrow. One cannot simply fly a pastor and state that it's therefore a charity flight. Nor can one simply begin transporting medical patients from A to B, regardless of weather one pays the costs one's self, or not. It's just not that simple.

If one is trying to claim deductions for moving scouts, one is trying to obtain compensation for transportation. The issue of transportation is at the heart of the FAA's concern for public safety in these issues, and the regulation surrounding it. Very often, the FAA doesn't get involved or seek any enforcement action until the flight ends up at a point other than the point of departure; until travel or transportation is involved.

A plethora of interpretations exist (how many interpretations, in a plethora?) regarding charity flight, and compensation...and I really dont' want to dredge them up (but we can, if it's crucial). Suffice it to say that the application is narrow, that the FAA assigns operations certificates for a reason, and that commercial certification is required for most all compensation or hire...also for a reason. It's always also well to note that much of our regulation is written in blood. It has evolved as it has not due to political pressures on the word alone, but public scrutiny following fatal accidents. Regulation seldom gets modified or changed but for the deaths of others, that bring the change.

 

[Toy Soldier]

Update on my progress

The part 91 office refered me to the part 135 office. I have been bounced between several offices and have now been redirected to my local FSDO.

We'll see what happens now. No one seems to want to address the questions I had above... "Pass the buck", I think it's called...

 

[RichardFitzwell]

Re: Update on my progress

The part 91 office refered me to the part 135 office. I have been bounced between several offices and have now been redirected to my local FSDO.

We'll see what happens now. No one seems to want to address the questions I had above... "Pass the buck", I think it's called...

That's too funny. I followed the same steps as you and got the same responses. Finally, I decided to post my question here.

I got a more complete response from this board in two days than I got from the FAA in two weeks.

 

[TurboS7]

If you have a non-profit 501C and you pay all expenses out of the pocket of the 501C and transportation is incidental to the objective at hand your O.K. In the case of flying a pastor if the church rents the airplane and accepts your donation for your time as a pilot your O.K. You may get paid by the church for being their pilot that is O.K.(provided you have a commercial certificate) If the church take you and the airplane and flies another church and charges the church for the services-they have crossed the line and now they are illegal under Part 91.
Just like flying fish in Alaska Part 91. There are a lot of things that technically fall under Part 135, but the FAA can't have a bezillion 135 operators out there, they don't have the financing. In the case of Angel Flight(example only) and other very good endeavors the FAA chooses to turn the other way. They really don't have a problem with it and have no
desire to pursue these operations. The key as in everything, when there is a high profile accident then lookout, here it comes. The worse that would happen would be a pilot revocation for one year.