Damp Lease?
#1
New Hire
Thread Starter
Joined APC: Feb 2017
Posts: 2
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
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
#3
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.
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.
#4
Gets Weekends Off
Joined APC: Dec 2016
Posts: 664
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
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: 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.
Last edited by Powderkeg; 02-24-2017 at 05:26 AM.
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