REFLECTOR: FW: Reflector Digest, Vol 61, Issue 95

Don Johnston don at numa.aero
Wed Jun 24 09:24:33 CDT 2009


Doug,

Don't fall into the trap of "confusing the issue with logic". ;-) There are
countless numbers people that have lost everything to IRS action because of
a difference in interpretation. The FAA is not that different from the IRS
when it comes to convoluted reasoning and overzealous enforcement.

For example, a few years ago in AOPA Pilot, the legal column had a story
about a freight dog that had just departed an uncontrolled, unattended field
at 3am when he had a engine failure once he reached cruise. Rather than risk
a single engine night landing at an uncontrolled, unattended, poorly lit
field, he continued to Kansas City which had everything his departure and
intermediate fields lacked. Including emergency equipment on field.

The landing was uneventful but he still had his certificate suspended for
not landing at the first available field.

-Don


Date: Wed, 24 Jun 2009 00:05:22 -0500
From: "Douglas Holub" <douglas.holub at gmail.com>
Subject: Re: REFLECTOR: Splitting Flying Costs
To: "Velocity Aircraft Owners and Builders list" <reflector at tvbf.org>
Message-ID: <0AFB5F5E56F9472BB3FE06FB5797861C at Workshop>
Content-Type: text/plain; charset="iso-8859-1"

Willie,

I think you're being a little severe with the "common purpose" test. In the
documents you cited, the example was a pilot who wanted to get some flight
instruction in at a reduced cost by sharing expenses with two guys who
needed to go to Memphis. The pilot didn't want to go to Memphis-- he didn't
care where he was going; he just wanted to get some flight instruction. The
pilot and the accompanying flight instructor got their licenses suspended.
But if Alex wants to go to Oklahoma to see a Sonerai project and I want to
go to Oklahoma to see Noel's Velocity project, we do share a common purpose:
we both want to go to Oklahoma. I don't think it matters if the pilot and
passengers want to do different things when they get there. (Although, as a
matter of fact, I do want to see the Sonerai project, too.)

Doug



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