Test Your Knowledge: Sharing Flight Expenses with Passengers
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Private and Commercial pilots are permitted to share in the expenses of a flight with passengers. The types of expenses that can be shared are expressly stated in § 61.113(c) which are “fuel, oil, airport expenditures, or rental fees.” If you are to share in these expenses with other passengers, the pilot should not “pay less than the pro rata share of the operating expenses.” The pilot must also have a common purpose with his passengers for traveling to the destination. In other words, the pilot’s motivation cannot simply be flying as a favor or for the purpose of building flight time.
Scenario 1: You work for a real estate development company and are also a Private pilot who owns a Cessna 182 Skylane. Next week, you and a co-worker are traveling to a meeting that will be a two-hour drive. With a nice weather forecast, you decide you are going to fly instead and save a lot of travel time.
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Scenario 2: You own a Cirrus SR-22 and are planning to fly the airplane to a concert with your spouse. You discover that another couple you know are planning to drive to the same concert. Given that you are close friends, you offer to pick them up in your airplane at an airport closer to where your friends live, and then drop them back off after the concert before flying home. Your friends graciously offer to share in the expense of the entire flight.
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While you can be compensated to fly as a Commercial pilot, you can only do so under the common law term, private carriage, which is conducted under Part 91. The opposite of private carriage is common carriage which requires a Part 119 authorzation (Air Carrier Certificate) issued under Part 135 for charter operators or Part 121 for airlines.
An operation becomes a common carrier when it holds itself out (another common law term) to the public to fly any person or cargo who desires the service. Advertising is one of the most obvious forms of holding out to the public which can include social media posts, but the FAA has held that even establishing a reputation as one who provides his pilot services to the public is enough to be considered a common carrier requiring an air carrier certificate.
Scenario 3: You’ve just completed your checkride and earned your Commercial pilot certificate. But your checkride ran long and the DPE has another checkride starting soon at a nearby airport. The DPE offers to pay pay for the fuel if you can fly him to the nearby airport. After all, you have some time and he did just issue you your Commercial pilot certificate.
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- NOTAMS Transitioning to ICAO Format - September 30, 2024
- Test Your Knowledge: Sharing Flight Expenses with Passengers - September 20, 2024
- What to expect on a flight review - September 19, 2024
Questions look very easy but surprisingly very tricky. Knowledge we need to be aware of.