Should we be operating 91 or 135?
#1
Line Holder
Thread Starter
Joined APC: Oct 2010
Posts: 73
Should we be operating 91 or 135?
I am flying for a non-profit. This non-profit wants to fly people from other non-profits at no cost to them. Is it still considered a 91 flight?
The non-profit has someone willing to donate the operating cost of the flight including my pay in order for them to fly.
Ive spent the last week reading and re-reading everything on 91 vs 135 and I cant decide which it would fall under.....my gut says I need a single pilot 135 certificate. Thanks for your responses.
The non-profit has someone willing to donate the operating cost of the flight including my pay in order for them to fly.
Ive spent the last week reading and re-reading everything on 91 vs 135 and I cant decide which it would fall under.....my gut says I need a single pilot 135 certificate. Thanks for your responses.
#2
Gets Weekends Off
Joined APC: Oct 2008
Position: JAFO- First Observer
Posts: 997
Do a thread search for the concept of "holding out". Offering transportation from A to B to a specific group of people "may" be considered holding out and thus would require an air carrier certificate. You might seek the advice of an aviation attorney. In addition, you might consider the 91K option and have several "non profits" become fractional owners of said aircraft.
#4
Banned
Joined APC: Nov 2013
Posts: 962
You don't want to talk to them if you don't have to. Its like the in laws. And you won't want to be talking to them if an issue comes up either. Best bet is to quit trying to find gray areas and stay honest. If you don't and your logbook gets combed over you are screwed.
#5
I am flying for a non-profit. This non-profit wants to fly people from other non-profits at no cost to them. Is it still considered a 91 flight?
The non-profit has someone willing to donate the operating cost of the flight including my pay in order for them to fly.
The non-profit has someone willing to donate the operating cost of the flight including my pay in order for them to fly.
If your company is paying the expenses, then the passengers are guests of your company and it is no big deal.
If the passengers would be paying the expenses (either directly or through a donor), then I would think an Administrative Law Judge would consider that an illegal charter.
Have you read 91.501?
#6
An aviation attorney will be able to draft a non-exclusive dry lease agreement for the applicable parties involved. There will be a few hoops to jump through, but dry leases are very common in the corporate world.
#7
Which non-profit would be paying for the trip - the one you fly for, or the one who would be your passengers?
If your company is paying the expenses, then the passengers are guests of your company and it is no big deal.
If the passengers would be paying the expenses (either directly or through a donor), then I would think an Administrative Law Judge would consider that an illegal charter.
Have you read 91.501?
If your company is paying the expenses, then the passengers are guests of your company and it is no big deal.
If the passengers would be paying the expenses (either directly or through a donor), then I would think an Administrative Law Judge would consider that an illegal charter.
Have you read 91.501?
One thing I would do to CYA no matter what the lawyers draw up: pretend you ARE 135 and follow those regs for fight/duty times, filing alternates, O2, etc. I'm paranoid, but maybe doing so and DOCUMENTING it will show the feds you tried to act in good faith should they come after you.
I've done a three freebees out of pocket because I knew I was doing the right thing and it was easier than jumping through the hoops. I did them for the karma (luckily the feds can't hold that against me). In the end, I got enough free drinks from them and their buddies to cover my costs. Good luck, and don't let the BS stop you from making the flight.
Last edited by FlyJSH; 07-27-2014 at 10:26 PM.
Thread
Thread Starter
Forum
Replies
Last Post