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-   -   Giving Aerial Tours in a Rental Aircraft (https://www.airlinepilotforums.com/aviation-law/44614-giving-aerial-tours-rental-aircraft.html)

CPE1704TKS 10-07-2009 12:36 PM

Giving Aerial Tours in a Rental Aircraft
 
Hi all,

I was thinking of a way to build some time since I have my commercial license, and was thinking of offering sightseeing flights over my college campus for a fee. I've read the relevant section of FAR 119 several times, but want to make sure that it would be legal. I would be renting a Cessna from a local flight club for these flights, which I would *advertise* all around campus. From my commercial training I remember the debate versus common vs. private carriage, but the FARs seem to specifically mention that aerial sightseeing is permitted if conducted within 25 miles of the originating airport.

I'm not sure how much of a grey area I might be in, or maybe I'm in a definite black or white area. Any thoughts would be appreciated. Thanks!

rickair7777 10-07-2009 03:12 PM

FAR-wise, you are probably OK. Best to talk to your local FSDO first to get their take on it, get whatever advice they may have, and to pre-empt them from sniffing around when they hear about your little operation.

But odds are that your club will not allow such activities, nor will their insurance cover it. Also you need a 100 hour inspection for that sort of operation... flight clubs are usually not required to do 100 hours if they are organized as clubs vice pure rental operations. My club does try to do 100 hours, but they are not required, often overdue, and not grounding (for club operations).

You might be able to find an airplane owner who doesn't fly much and would be willing to let you use his airplane for cost plus a percentage...aerial tours are light-duty and safer compared to flight instruction. Don't forget the 100 hour.

fjetter 10-07-2009 07:18 PM

Talk to your FSDO in order to do aerial tours (which you are correct <25nm from originating airport) you need a Letter Of Authorization. You may also be required to be on an FAA approved drug and alcohol program.

Rickair is probably right that a flying club would not allow it and a local FBO would probably not allow that either.....and don't forget that 100hr.

ppilot 10-07-2009 07:38 PM


Originally Posted by fjetter (Post 690662)
Talk to your FSDO in order to do aerial tours (which you are correct <25nm from originating airport) you need a Letter Of Authorization. You may also be required to be on an FAA approved drug and alcohol program.

Rickair is probably right that a flying club would not allow it and a local FBO would probably not allow that either.....and don't forget that 100hr.

I think that this is right, and has been for about two years now. I know our aerial tour pilots need to be on a drug and alcohol testing program, and we needed an LOA. I can't think it'd be any different for a random guy giving rides.

Best of luck.

NoyGonnaDoIt 10-08-2009 03:42 AM


Originally Posted by ppilot (Post 690673)
I think that this is right, and has been for about two years now. I know our aerial tour pilots need to be on a drug and alcohol testing program, and we needed an LOA. I can't think it'd be any different for a random guy giving rides.

It's not any different for a random guy giving rides.

CPE1704TKS, two other items. You said

but the FARs seem to specifically mention that aerial sightseeing is permitted if conducted within 25 miles of the originating airport.
I'm just checking to make sure you are looking at a current 119.1. It used to simply say the piece you mentioned but for about 2 years now it mentions the need for the LOI and refers you to FAR 91.147 (which if you're looking at an old copy of a FAR republication, you won't even have)

Also, you mentioned the advertising thing - no problem. You are allowed to "hold out" your availability to provide the type of services you are allowed to provide.

CPE1704TKS 10-08-2009 11:36 AM

Thanks for all of the insight!

It was mentioned that the club/FBO's insurance probably wouldn't cover my commercial operation. Why might this be? Might it be a possibility that I could insure myself? I already have my own renters insurance... maybe I'll give Avemco a call to see what the limits of my current policy are. Or would the issue lie with the club/FBO's insurance regardless of what I had?

rickair7777 10-08-2009 01:39 PM

I can almost guarantee you that renters insurance (or the club's insurance) will not cover commercial activities other than flight instruction. The club gets a lower price for limiting it's risk-generating activities.

You might be able to get commercial insurance, but I'm not sure they would cover you for commercial operations in random rental airplanes...they would probably want you to own/lease an airplane specifically for that purpose.

Also a renter's policy will have a provision which requires that you have the owner's permission to use the airplane. If you are blatantly violating club regulations on the use of the airplane, I suspect the insurance company might deny any claims.

GauleyPilot 10-12-2009 09:41 AM

Drug Testing Part 135.
 
disregard, mentioned earlier.

I wish they would just drug test during the 2nd class and up medical exams and do away with this requirement.

NoyGonnaDoIt 10-12-2009 10:01 AM


Originally Posted by GauleyPilot (Post 692877)
disregard, mentioned earlier.

I wish they would just drug test during the 2nd class and up medical exams and do away with this requirement.

Assuming the goal is the protection of passengers, that wouldn't cut it.

Sure, you'd probably get a bead on addictive drugs and perhaps even pain meds for long-term conditions where the pilot was unable to keep away from them for long enough before the test for it not to show up, but it would be pretty useless for uncovering recreational drug and alcohol use near the time of passenger flight.

GauleyPilot 10-12-2009 03:38 PM


Originally Posted by NoyGonnaDoIt (Post 692892)
Assuming the goal is the protection of passengers, that wouldn't cut it.

Sure, you'd probably get a bead on addictive drugs and perhaps even pain meds for long-term conditions where the pilot was unable to keep away from them for long enough before the test for it not to show up, but it would be pretty useless for uncovering recreational drug and alcohol use near the time of passenger flight.

Yeah, your right. It just felt good to say. The drug testing program is an amazing bunch of red tape. Most pilots that I know are not into drugs, but I guess it is the minority that could slip through the cracks and cause problems.


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