I've taken a look at FAA opinions and have not found one discussing whether co-owners of aircraft who happen to be CFIs are at risk of violating 100 hr rules when they fly with their co-owners.
91.409(b) reads as follows:
(b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft has received an annual or 100-hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing the next 100 hours of time in service.
I'm thinking about asking for an opinion about the following hypothetical flights. I'd love thoughts and opinions to refine my question. Here are the assumptions:
- Three pilots decide to purchase an aircraft together and form an LLC as an ownership entity.
- assume equal ownership of LLC by pilots A, B, C (if the ownership stakes were not equal how would things change.)
- there have been 99.5 hours since the last annual inspection
- Company Rules/By Laws state that Pilots A, B and C are free to use any flight instructor they want as long as they meet certain requirements (BPPP, CSIP, insurance specific, etc.)
- Pilot A is a CFI, but not a CFII, yet meets the requirements set forth in the bylaws.
- Pilot B is an instrument rated private pilot.
- Pilot C is a student pilot.
- Pilot D is not a co-owner of the aircraft, and is renting the aircraft from the LLC. Assume this pilot does not exist for flights 1-5 and 7.
Would 91.409(B) or other FARs be violated in the following scenarios?
Flight 1: Pilot B asks Pilot A to conduct the flight instruction portion of the flight review in the aircraft and pay his for this time.
Flight 2: Pilot A and Pilot B are practicing instrument approaches together. The pilots switch off safety pilots duties throughout the flight. While Pilot B is under the hood, Pilot A makes some suggestions about better approach briefing techniques. Pilot B does not pay Pilot A for his time. They each pay for the percentage of time in the flight they were under the hood.
Is this considered flight instruction where the flight instructor has provided the aircraft?
Would this answer be different if the Pilot A was a CFII?
Flight 3: Pilot C had intended to fly a 2hr VFR X-C (under the supervision of a CFI other than Pilot A) to pick up his wife from a trip she had taken, but the weather is looking marginal.
Pilot C calls up Pilot A and asks that pilot A to join him on the flight. Pilot C pays Pilot A for his time and pilot A acts as PIC under IFR to the destination while Pilot C is the sole manipulator of the controls. Did Pilot A provide flight instruction or transportation? The wife is a pilot and notices that the weather is deteriorating. She about to go into a meeting and can't reach pilot Pilot C. She calls Pilot A and asks him to let Pilot C know about the deteriorating weather. Pilot A then reaches out to Pilot C and suggests that they fly together to get the wife. Pilot A acts as PIC under IFR to the destination while Pilot C is the sole manipulator of the controls. Did Pilot A hold himself out?
Flight 4: Pilot C had intended to fly a 2hr VFR X-C (under the supervision of a CFI other than Pilot A) to pick up his wife from a trip she had taken, but wakes up sick and does not meet the IMSAFE standards and decides he shouldn't fly. He calls up Pilot A and pays for Pilot A to go pick up his wife. Can Pilot C be compensated by a co-owner in an aircraft they share?
Flight 5: Pilot D has been checked out in local flight school aircraft of a similar model, but there are some differences in avionics worth reviewing. Pilot A takes Pilot D flying in the aircraft to note the avionics differences and some other quirks about the airplane and to confirm the pilots judgement and aeronautical knowledge of the aircraft. Would that meet the requirements outline in the check-out exception noted in the 2018 Walters Interpretation? Would the answer here change if Pilot A rather than Pilot D paid for the flight?
Flight 6: Pilot D has been checked out in local flight school aircraft of a similar model, but there are some differences in avionics worth reviewing. Pilot B takes Pilot D flying in the aircraft to note the avionics differences and some other quirks about the airplane and to confirm the pilots judgement and aeronautical knowledge of the aircraft. Would that meet the requirements outline in the check-out exception noted in the 2018 Walters Interpretation?
Would the answer here change if Pilot D or Pilot B paid for the flight?
Flight 7: Pilot C's wife is not an owner of the LLC. She drives home from her trip and flies a sightseeing flight with Pilot C aboard. (He still doesn't meet IMSAFE standards and is not PIC). She is the PIC. Pilot C pays for the fuel and the reserves into the LLC as required by the By-Laws. Did she violate her private pilot privileges by allowing her passenger to pay the full cost of flight?