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Originally Posted by esa17
(Post 552094)
Bottom line, since he would get paid if he didn't fly that means the pay is incidental to the flight.
Incidental is a traveling salesman who flies an airplane travel to customers and gets reimbursed by his company. Not incidental is a traveling salesman who transports company property from the plant to a warehouse Incidental is (probably) an employee who flies himself and perhaps some co-workers to a conference that the employee attends and has a reason to attend himself. Not incidental is an employee who transports other company employees to a conference that the employee has no reason to attend himself, especially if he does it regularly Whether it's incidental or not depends on the nature of the business and the relationship of flying to it, not how the company and the pilot choose to show it on the books in an attempt to avoid the rule. |
Lots of discussion for such a moot point. Don't bother an attourney with this kind of question, not worth the price of admission. A call to the FSDO may not be worth the time either. Bottom line, it's not worth the effort to jump through all the hoops on this one. .3 of flight time. Are you serious. It took me almost that long to write this. Have a commercial pilot do the flight. Even if he/she isn't compensated for the flight, there will be no questions as to the legality.
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Originally Posted by mshunter
(Post 558055)
Lots of discussion for such a moot point.
As in, "this question has already been answered", not as in "I've decided this question isn't worth asking." Worst answer is probably to ask the FSDO. The FSDO where you ask might not have the same answer as the FSDO where you land. And even if it's the same FSDO, the Inspector you ask might not have the same answer as the Inspector you answer to down the line. I agree with you completely on the "it's not worth .3 on a close question" although others might say, "who the heck's gonna worry about .3". |
Originally Posted by NoyGonnaDoIt
(Post 551819)
Depends. I was reading the post to say that he had a non-flying job with a FBO (let's say as a bookkeeper) not for company business.
Originally Posted by XcalibeR
One aircraft needs to go to another airport, approx 10 miles away for maintenance (having trouble with the electrical system).
Worst answer is probably to ask the FSDO. "moot" means "already decided." |
Originally Posted by NoyGonnaDoIt
(Post 558401)
"moot" means "already decided."
As in, "this question has already been answered", not as in "I've decided this question isn't worth asking." Worst answer is probably to ask the FSDO. The FSDO where you ask might not have the same answer as the FSDO where you land. And even if it's the same FSDO, the Inspector you ask might not have the same answer as the Inspector you answer to down the line. I agree with you completely on the "it's not worth .3 on a close question" although others might say, "who the heck's gonna worry about .3". And good call on the FSDO thing. This is absolutely true. They way the regs. are written is open for interpretation it seems. Basically, if they want to bust you, they will find a way. And each FDSO will interpret differently. |
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