Originally Posted by XcalibeR
Hi. I've been looking through some of these forums for a little while, and it seems there's some knowledgable people here. So maybe you could help me out.
Here's my situation. I am a private pilot with a current medical, etc. I work line at an FBO near my hometown. The FBO operates two C172's for rental. One aircraft needs to go to another airport, approx 10 miles away for maintenance (having trouble with the electrical system. 100 hour inspection is still 40 hrs away). So here's my problem. Am I legal flying the plane to the airport for maintenance?
Under part 61.113, "no person whol holds a private pilot certificate may...for compensation or hire, act as pilot in command of an aircraft." So this is what I am confused about, the definition of "compensation". I am not payed to be a pilot for the company, I just simply have a license. Also, I would be getting the same paycheck whether I fly the plane or not, so I do not believe that this would could count as "for hire". I am not planning on logging the flight, so I would not be getting compensation in the form of free flight hours, nor in the form of goodwill.
61.113 (b) says that a private pilot "may, for compensation or hire, act as pilot in command of an aircraf in connection with any business or employment if: (1) the flight is only incidental to that business or employment, and (2) the aircraft does not carry passengers or property for compensation or hire." Section (2) does not apply to me. Section (1), however, might. Would the situation described above be considered "incidental" to the business? Or do I even need to worry about 61.113 (b), if I'm not flying for compensation or hire as described in 61.113 (a)? Or am I?
You can see how confusing this is for me :confused:
I talked to a friend of mine at the local FSDO and he didn't see it as a violation so long as your employer had not hired you as a pilot. The flight is generating no income or gain for you above your normal on the ground income and your employer is not generating income so it should not violate the intent of the regulation. The flight is incidental as your employer is not in the business of ferrying aircraft for maintenance. The other thing that is potentially more serious is the airworthiness of the airplane. If the airplane is not airworthy (electrical problems), make sure you acquire a ferry permit from the FAA for your planned flight. And lastly, if the airplane is not safe to fly - don't fly it!