Originally Posted by
Stratapilot
(Shrugs) That's idea, correct me if in wrong but the letter never specifies the intended relationship, but rather stops at saying "If you get paid for it, it's commercial"
And if you're getting paid cash, not collecting receipts, and not logging the time, then There is nothing to show that you were getting compensated at all, and nothing for the FAA to go off of except the students testimony in court. But of course this is assuming something really, really, really bad happeneds.
I guess the only real safe guard in doing this would be to fly to not charge the student if you inadvertently went over you rest times.
The FAA is not bound by the restraints typical of criminal law when pursuing violations of regs for administrative action. They can interpret things any way they want, and the only appeal is to the NTSB...which almost always sides with the FAA.
Any time a young up-and-comer is instructing they assume you are doing it for a reason....either money up front or under the table, or flight time. They will be very suspicious of anyone giving it away for free unless it's a relative. If they are suspicious, they dig until they figure it out.