snippercr

I am working on a project for a company that has hired me for some temp work. Essentially I am just doing a lot of hardcopy to digital transition.

The job requires me to go across state occasionally to pick up boxes of the stuff i need to scan. They will reimburse me for driving down there to get the stuff as "travel" expenses.

As only a commercial pilot, if I flew down there to get the stuff, I could not legally collect money to pay for the rental of the aircraft, right? The only way I could get the boxes by flying is if I paid for the aircraft rental cost, right?

Maybe someone could explain this better. I tried reading up about private and common carriage and what is or isnt allowed as a commercial pilot.

hotelmode

That sounds like one of those "grey" areas in the regs. I'd write a letter to your FSDO, they are good at clearing those things up for you.

Maybe someone on here knows the regs really well and has a better answer.

FlyerJosh

It all comes down to who is supplying the aircraft. At best, this is "FAR 134.5" operations. Since you are renting the aircraft, and then flying cargo for another entity (and being paid to do it), I would say it's an illegal operation.

If the company owned a 172 and allowed you to use it in the course of the job (you didn't pay them and they didn't pay you), it would be most likely be okay (part 91 corporate operation).

Thedude

I disagree. If you can get the company to rent the aircraft (billed directly to the company) but you are not specially paid to fly the aircraft. That is not holding out to the public for common carrage. It happens to coincide with the primary duties you where hired to do (assuming you were not hired to be a pilot) and happens to make the trip a little quicker (and prob more expensive).

It gets very confusing. Thanks FAA lawyers.

snippercr

I spoke with quite a few flight instructors and they all basically said the same thing.

Yes, I would be able to go fly where I need to, pick up the stuff and fly back. The company would be able to pay for the rental of the aircraft as well as pay me what ever they NORMALLY would. The reason why, according to those I spoke with, the company has not/is not hiring me as a pilot. They hired me to do the job they assigned me to do. Therefore, they are not paying me to be a pilot. What I am doing, going down and picking the stuff up and brining it back, is just incidental to what I am doing.

If they hired me solely to transport stuff back and forth, then that would be illegal since they are hiring me as a pilot. However, this just is not hiring me as a pilot... it just so happens I am one and can utalized it here.

That is what I have heard from multiple instructors, all of them very "seasoned." (IE... not just given their CFI). I will still probably check with a FSDO to make sure. That way I have something in writing.

Mason32

Your getting poor information. Partially correct, partially wrong. The part about being hired as a pilot, and the flying being incidental to the job has to do with private pilots, which you are not.

You do hold a commercial ticket and can be compensted as a pilot.

The company must rent/lease/buy the aircraft. You can not pay for the plane and get reimbursed or anything like that.

If the company is renting/leasing/buying the airplane, you may be hired as their pilot. Just as ANY private owner may hire their own pilot. What do you think all these biz jets are doing? The ones that are not 135 or 91k are owned by somebody who hires their own pilots.

Call your FSDO as somebody else suggested. As long as you are not the one renting or paying for the plane, the company is free to hire any pilot they like. Hopefully that will be you. The hitch here will be in getting them to agree to rent/lease the plane. This is where the "holding out" part bites people in the butt. It is perfectly acceptable for a company to go rent/lease a plane, and then contract their own pilot... it is not ok for the pilot to contact a company and offer to fly them arounf if they rent the plane.

it's the old chicken and the egg thing... but it makes a difference in the FAA's eyes.

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