REFLECTOR: Splitting Flying Costs

[Jeff Barnes]

Hi John, 
       
       Almost no problem. My take.. 
 
1) IF the pilots were commercial - no problem, but in this case ALL fees were waived, meaning pilots were rewarded to fly with the gift of free time - AND providing a private pilot with free time is againt the FARs (so I was told at an EAA workshop at HQ). 
 
SO, if rates were reduced (but not free) and the private pilot still had to pay for the plane - that's OK. The pilot (or club) is not being compensated for the flight. The club is within its rights to create tiered fees - as mine does when discounting for Angel Flights.
 
2) Non-members being introduced to flight WITHOUT paying a donation or fee to the club at the time of the flight is fine, makes it a non-commercial operation. That they decide to join the club as a result of their experience is fine, provided they are also able to join without taking a flight. In other words, they are in now way paying for the flight. 
 
3) IF your club is giving introductory flights for $50 =, or AOPA vouchers worth $50 (etc), the flight must be flown by a commercial pilot, typically an instructor - besides, the point is to let the non-member fly the plane. 
 
 
That's my take anyway. 
 
ALSO, from my experience with Young Eagles, I fly many parents when things are slow.  For insurance purposes, I use EAA's adult passenger waiver, and make the handwritten change to indicate there is NO FEE or Donation to the chapter. Note the waiver is written as though there is a donation to chapter for the flight.
 
IF we did take a fee/donation, we would be limited to only 4 such events a year  
because they would fall under the purvue of the FAR being discussed (tour operator, etc) AND under the exceptions granted to EAA for taking donations during chapter events (don't have to be commercial pilot with min 500 hrs, etc).  The form WITHOUT a fee, is still required since it's the waiver for the adult that is looked for under the Young Eagle Rally insurance.  AND in any event, the non-commercial pilot must not be compensated in any way, besides the GRINS.
 
HTH, 
Jeff Barnes
 

--- On Thu, 7/2/09, John Dibble <aminetech at bluefrog.com> wrote:
 

From: John Dibble <aminetech at bluefrog.com>
Subject: Re: REFLECTOR: Splitting Flying Costs
To: "Velocity Aircraft Owners and Builders list" <reflector at tvbf.org>
Date: Thursday, July 2, 2009, 6:53 AM


  
I'd like the opinions of the various legal experts in this group on the following theoretical scenario (illegal novices chime in also). 
Let's say the plane is a Cessna owned by a flying club, whose charter purpose is to promote aviation.  Let's say that the club operates a public fund raising event.  During the event the club elects to waive the usual operating fee of the airplane in the interest of promoting aviation.  Other rules remain in effect, such as the plane must be flown by a full member with a private pilot certificate and all occupants must be club members.  The club offers introductory 2 month associate memberships for $20 (associate memberships are for those not qualified to fly a plane).  Several people become associate members and participate in a free flight.  Has there been any wrong-doing? 
John 
nmflyer1 at aol.com wrote: 
Like most FAA rules, I think the charitable one is misunderstood in terms of compensation. Many people will make/take a donation to a specific charity IN THEIR NAME in lieu of actual payment. In this context, it almost makes sense :) 
 Kurt 
  
 
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