REFLECTOR: Splitting Flying Costs

[nmflyer1 at aol.com]

Well, ok. Working for the FAA I am never amazed at the rediculous and power hungry things that can be done. 



However:? How do "they" find out??? 



Kurt 


-----Original Message-----
From: Douglas Holub <douglas.holub at gmail.com>
To: Velocity Aircraft Owners and Builders list <reflector at tvbf.org>
Sent: Tue, Jun 23, 2009 10:52 pm
Subject: Re: REFLECTOR: Splitting Flying Costs




Thanks a lot. That last?opinion made it very clear: A pilot in his own plane was transporting a mechanic as a favor for a friend and refused any compensation. The mechanic was going to fix a CareFlight helicopter and the pilot was feeling altruistic. The pilot didn't know that his friend was going to charge the mechanic's boss for the trip. The pilot had his license suspended because he was PIC of a plane that was generating income for someone. The suspension was overturned on appeal only because the pilot didn't know, and couldn't?have been expected to know, that his friend was going to charge someone for the trip.

?

So in my case, I would be PIC of a plane that was helping to generate income for my friend, and I would know it, so it's not allowed. Rats.

?

Doug


----- Original Message ----- 

From: Willie.Sanchez at mail.cuny.edu 

To: reflector at tvbf.org 

Sent: Tuesday, June 23, 2009 10:12 PM

Subject: REFLECTOR: Splitting Flying Costs




All, 

I will preface this by saying, I am not a lawyer nor do I play one on TV. 

The splitting of cost with friends while flying is a very tricky question and not as straight forward as it seems. ?The basic rules are spelled out in 
FAR 61.118(b). 

As an example, suppose you were taking a flight from HPN to MVY for a round of golf, your friend says 'Hey, my mother lives on the Vineyard, can I fly up with you and split the expenses 
for flying?' ?You say sure...fly round trip and split the cost 50/50. ?Sounds like a legit noncommercial flight and the split is legal right? ?Well, if you 
answered right....you'd be wrong. ?At issue is what the FAA has deemed 'commonality of purpose'. 
Since your buddy was not going to play golf with you, his trip with you in this case would be ruled commercial because you both took the trip for 
different reasons and therefore you flew him there for hire. 

In the situation being raised by Doug not taking any money would probably be the best thing, if he did, the part of the rule that would burn him would be the third part of that FAR: 

The third important limitation is that the pilot must be going on the flight for his 
or her own purpose. The sole purpose of the flight may not be to provide 
transportation to the passengers. This has been my interpretation for many 
years. In recent years, the FAA has been taking a more restrictive view. The FAA 
says not only must the pilot be going on the flight for his or her own purpose, but 
the purpose must be "common" with the passengers. 


It is quite possible that in Doug's situation even if he received no compensation, his friend did and the flight might be considered charter nonetheless. ?(see third and fourth citation below). 

So in general, probably the safest bet is don't take any money from your passengers unless you meet the commonality of purpose criteria, make sure they are not making money on your flight and 
definitely don't take a check ;-) 

Here are a few ?interesting articles on this subject: 

http://home.pcisys.net/~aghorash/SharingExpenses.pdf 
http://www.aviationlawcorp.com/content/traps.html 
http://www.ntsb.gov/alj/alj/O_n_O/docs/aviation/4583.PDF 
http://www.ntsb.gov/alj/alj/O_n_O/docs/aviation/4791.PDF 

Hope this helps or further confuses. 


Willie Sanchez, Co-pilot N104MW




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