Originally Posted by
Baronav8er
Thank you all for your insight.
Then my question is, where does the reg apply that I can split the costs of the aircraft rental and fuel with my passengers?
The "purest" version is the one Twin Wasp mentioned earlier - you and some friends are going to an event together and you're going to fly there and share the expenses.
what if they pay the person I am "renting" the airplane from directly (meaning they write the check to that person) and not me?
Different issue than the shared expense one. You're describing a situation in which the issue is "carriage."
Whether public or private, "carriage" can be roughly defined as providing both airplane and pilot. The scenario where the passenger rents the airplane is an attempt to put a rental on equal footing with a corporate aircraft - where the company provides the airplane and the pilot is just an employee. In that situation, "operational control" (an FAA term of art) of the aircraft is not with the pilot; it's with the company. Just simple Part 91 and Part 135 isn't an issue.
In the "passenger-rents" scenario, the theory is that, just like the corporate scenario, the airplane is being provided by the passenger, who is then hiring the pilot.It's not who is paying the bill; (to over-simplify) it's who is responsible for the airplane. With one passenger, it's possible if (a) the owner of the airplane is willing to rent the airplane to the passenger and (b) assuming meeting some base qualifications, it's entirely up to the passenger who they hire to fly the airplane. Unless it's done correctly, it's problematic. I really don't see it applying where there are multiple passengers.
This stuff ain't easy. Once you get out of the clear examples, you're in a pretty large area that I think is intentionally gray.
The legality of rideshare sites? I don't have an opinion. Seems to fit into that "watch out" area discussed in the Chief Counsel opinion.