Originally Posted by
Aviator89
So here is the situation, me and my coworkers are all CFI's, but work for a corporate flight department flying passengers. One of the local businessmen in the area just bought an airplane he is going to learn to train in. He wants us to do his primary training with him. Normally, this is no issue, he contacted us, we are not holding out to the public so if compensation is provided there is no legal issue.
Sounds like flight instruction to me, should be legal.
Originally Posted by
Aviator89
However, because making extra money on the side may create a conflict of interest with our primary job of flying for our employer. (who doesnt want to make extra cash, right?) My boss wants to find out if we can schedule flights and charge this guy through the company we work for. Basically if we charged him 25$ an hour, we would make an extra 25$ an hour. Our employer WOULD NOT BE MAKING A PROFIT AT ALL. That way if we have a trip for the company pop up, it takes priority no questions asked and no conflict of interest.
If this is for CFI work, again no problem at all. You are allowed to hold out as a CFI.
Where this might become an issue is if the guy wanted to start doing regular trips. The first few times it could be legit instruction if the guy is working on ratings, or getting familiar with an airplane, route, or area.
But if it turns into frequent recurring trips where he's basically paying you to fly the airplane that might be questionable if you try to log it all as dual given. But even then he could legitimately hire you to fly his own airplane, and you can hold out all you want to fly an airplane provided by the customer. That's the key...if the customer provides the airplane, he can hire anyone to fly it, and pilots can hold out for the opportunity.
Holding out and common carriage only become an issue when the customer is paying someone else to provide the airplane...for point A to point B travel that requires a 135 cert (121 if you do it on a scheduled basis).
Originally Posted by
Aviator89
My gut feeling is, since instruction is being given, and a business is charging someone for it we need a operator certificate or flight school equivalent of one.
There is no "operator certificate" required for schools or instructors teaching under part 61. You just go do it, simple as that. 141 schools do require a certificate.
Look at FAR 119.1 (e). This lists all of the activities which are exempt from certification requirements and holding out restrictions. Flight instruction is one of the exempt activities...you can just go do it (under 61).