Part 91, flying for hire?

[FloridaMan]

[Hector]

  On 10/24/2014 at 3:02 PM, N601RX said:

Hector, there are some legal opinions from the FAA legal staff dealing with accepting compensation from your employer while a coworker is on board. It's ok to take the coworker and you and him split the cost, but it's not ok for you to accept any reimbursement from your employer as long as a coworker is on board. If it's just you then the reimbursement is fine. All this is assuming you have a valid business reason to make the flight.

This if from one of the opinions.

"Section 61.113(a) states, in pertinent part, that a private pilot may not, for compensation or hire, act as pilot in command of an aircraft. An exception to that section states that a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if the flight is only incidental to that business or employment and if the aircraft does not carry passengers or property for compensation or hire. Thus, in this scenario, where you are only transporting yourself to the business meeting, you may be compensated for the expense of the flight. See 14 C.F.R. § 61.113(.

In regard to whether you may seek reimbursement from your employer for transporting your colleagues, since you are transporting people to the meeting, the allowance for the flight to be conducted for compensation or hire (i.e., reimbursement) under 61.113( does not apply. The exception in paragraph ( allows you to use your private pilot certificate only for compensation or hire if the operation is incidental to your employment and you are not transporting other passengers or property. Thus, because you are transporting people to the meeting, you may not seek reimbursement from your employer for this flight under 14 C.F.R. § 61.113(.

You also question, in regard to this scenario, whether § 61.113( c) would allow for you to seek the same expense reimbursement from your employer that you sought in the first scenario. It is important to note that section § 61.113( c) allows a private pilot to seek reimbursement only from his or her fellow passengers, not a third party, such as your employer. "

http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2009/mangiamele%20-%20(2009)%20legal%20interpretation.pdf

Wow, essentially, if I fly alone my employer can reimburse my expenses but if a coworker comes along I can't get reimbursed even though I'm not asking the coworker to pay anything AND I am also not asking for any additional reimbursement to fly him to the meeting. I understand those are the rules, but not sure they make complete sense to me.

Sent from my iPad using Tapatalk HD

[carusoam]

Hector, is that a corporate rule?

Some companies are more easy going, but their rules and requirements can change over time.

Best regards,

-a-

[N601RX]

It would be nice if this rule was tweaked a little to allow the coworker to go along and still receive compensation. Another good change would be to allow an owner to recover more than gas, oil and parking expenses. You can rent a plane and that rental cost can be split up, but if you use your own plane then you can't split any of the cost associated with owning and maintaining it.

[Hector]

  On 10/25/2014 at 2:19 AM, carusoam said:

Hector, is that a corporate rule?

Some companies are more easy going, but their rules and requirements can change over time.

Best regards,

-a-

No, it's FAA rules unfortunately.

Sent from my iPad using Tapatalk HD

[N201MKTurbo]

So, here is a real situation. My friend and flying buddy has been borrowing/renting my plane for decades. He is named on my Insurance.

 

He asks to borrow the plane and pays me rent. He is paying for all the fuel. At the last minute he says "Why don't you come along?"

 

Am I completely screwed if I go?

[N6758N]

  On 11/4/2014 at 9:01 PM, N201MKTurbo said:

So, here is a real situation. My friend and flying buddy has been borrowing/renting my plane for decades. He is named on my Insurance.

He asks to borrow the plane and pays me rent. He is paying for all the fuel. At the last minute he says "Why don't you come along?"

Am I completely screwed if I go?

I don't think so, as long as he only pays for his share of the flight? I am thinking the best solution for my company is to convince them to buy their own airplane and therefore I will avoid nearly all of this legal mess. Now the hard part is convincing them

Sent from my iPad using Tapatalk

[N601RX]

Are you sure your insurance allows you to accept any money for rental? All three of the policies I have had specifically said no renting.