REFLECTOR: Splitting Flying Costs

[Douglas Holub]

I think the EAA guy is interpreting the regulation correctly, and the NTSB 
is misinterpreting it.

91.319 reads "No person may operate an aircraft . . . (2) carrying persons 
or property for compensation or hire."  "Carrying persons or property for 
compensation or hire" is a clause that could modify "person" or "aircraft". 
I always thought it modified "person" because I thought you could only hire 
a person, not an aircraft.  We hire a pilot or rent an aircraft; we don't 
usually hire an aircraft, and aircraft don't get compensated. Most people 
who read it think it modifies "person", but the NTSB says it modifies 
"aircraft." According to the NTSB opinion/order that Willie posted, the 
bottom line is that if money is being earned from the trip my airplane 
makes, even if I don't see any of it, it's against the regulations.

Doug Holub

----- Original Message ----- 
From: "John Dibble" <aminetech at bluefrog.com>
To: "sbjknox" <sbjknox at earthlink.net>; "Velocity Aircraft Owners and 
Builders list" <reflector at tvbf.org>
Sent: Tuesday, June 30, 2009 6:13 PM
Subject: Re: REFLECTOR: Splitting Flying Costs


> Following is the response I got from the EAA.
>
> John
>
> Hello John,
>
> The FAA guy is actually correct regarding "sharing of expenses" or
> "compensation" in an experimental aircraft.  The operating limitations
> of the aircraft are the governing document in this case, and they
> contain the following limitation:
>
> "No person may operate this aircraft for carrying persons or property
> for compensation or hire."
>
> This limitation is actually taken directly from the regulations as found
> in 14 CFR 91.319(a)(2).  This is also supported by 14 CFR 91.146, which
> governs rides given in support of a charitable organization.  This
> regulation prohibits charitable rides to be given in other than a
> standard category aircraft.
>
> The bottom line is, when carrying persons in an experimental aircraft
> the operator is not allowed to receive any compensation (even partial,
> or a donation to a charity).
>
> Hope this helps.  Let me know if you have further questions.
>
>
>
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