Damp Lease?
 

Hi all,

Let's say I've got a dry lease agreement with a lessor who is also a type rated pilot of said aircraft (Phenom 300).

I know he can't provide the crew for our passenger trips, but can he fly repositioning legs for us when we don't have anyone available? If so, can we pay him for his pilot services and fuel costs on the deadhead and still be within the dry lease agreement rules?

Thanks in advance.

Greg

My opinion only, but so long as he isn't transporting persons or property for hire on those flights, then yes, he may conduct the flights.

My opinion only too...

As far as the FAA is concerned, sure. Airplane repos generally fall under part 91 by default. Even airlines can do that if they so choose.

Like JB said, no cargo, or anything that a ramp checker might construe as cargo. The pilot can take his own luggage, but you wouldn't want other people's luggage, golf clubs, or anything like business materials on board.

Even though I'm fairly new to APC I do have a lot of background on this topic. Frankly, coming here for legal advice isn't the best idea. Call the FSDO. As you know the opinions of FAA inspectors can vary greatly so getting the word from the local horse's mouth would be advisable.

My opinion: If you, as the lessee, are telling the pilot where to go and when (even on a repo) then you have Operational Control which is a good thing but the lessor would be providing the aircraft and the crew which is a wet lease. As an aside, there's no such thing as a "damp lease" in the eyes of the FAA. Wet or dry, black or white. If your usual hired flight crew isn't available surely somebody can point you in the direction of a contract pilot that you can hire for the day.

It's nit picky I know, and the likelihood of the FAA even caring is remote but should there be an accident/incident they will look into it and so will your insurance company with the intent of trying to deny a claim.