Flight School rules by State
04-07-2010, 11:30 AM
#1
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Flight School rules by State
I am in the porocess of starting a traveling flight school. I travel to each students location and do an acelereted 3 week PPL course including ground school. Sometimes I rent an aircraft, sometimes I use the students and sometimes I supply the aircraft.
It seems in my home state of Michigan this is not legal as I have to be registered and approved at each location I teach.
Does anyone know of this to be true? Are there any other states out there that have such a law?
Any info would be appreciated.
It seems in my home state of Michigan this is not legal as I have to be registered and approved at each location I teach.
Does anyone know of this to be true? Are there any other states out there that have such a law?
Any info would be appreciated.
04-07-2010, 08:36 PM
#2
Prime Minister/Moderator
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Interesting. Most aviation activities cannot legally be regulated by the states...it's an infringement on federal turf. But some localities always want to push the envelope.
But you would probably need a business license in any state, that's just the business side of things, not really aviation specific.
But you would probably need a business license in any state, that's just the business side of things, not really aviation specific.
04-07-2010, 08:57 PM
#3
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Originally Posted by wchurch
It seems in my home state of Michigan this is not legal as I have to be registered and approved at each location I teach.
I'm sure you'll run into some resistence with FBO's who have CFI's on staff.
04-08-2010, 03:41 AM
#4
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Originally Posted by rickair7777
Interesting. Most aviation activities cannot legally be regulated by the states...it's an infringement on federal turf. But some localities always want to push the envelope.
But you would probably need a business license in any state, that's just the business side of things, not really aviation specific.
But you would probably need a business license in any state, that's just the business side of things, not really aviation specific.
Here's the Michigan statute: http://legislature.mi.gov/doc.aspx?mcl-259-85
04-08-2010, 04:41 AM
#5
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Register the corporation in Delaware and then travel state to state. Your CFI gives you the "right" to teach anywhere you want in the USA.
I would be interested in the specific law that bars you from teaching in MI. Instead of taking someones word for it why don't you call a service that specializes in this sort of thing and seeing what they have to say. If that still doesn't satisfy you then call a labor attorney in Michigan and ask them for advise.
I would be interested in the specific law that bars you from teaching in MI. Instead of taking someones word for it why don't you call a service that specializes in this sort of thing and seeing what they have to say. If that still doesn't satisfy you then call a labor attorney in Michigan and ask them for advise.
04-08-2010, 04:55 AM
#6
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If you have AOPA legal services, they probably can answer this for you. I remember seeing some document posted on our wall at my old Flight School in Michigan. I think it's just a registration for tax purposes, no actual benefit to the school.
04-08-2010, 07:04 AM
#7
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Originally Posted by NoyGonnaDoIt
That's the point running a business, any kind of business, is a state activity. My quasi-educated guess is that a state can probably not credential flight instructors - that's an FAA function – but probably can regulate where and when and how they do business.
Here's the Michigan statute: Michigan Legislature - Section 259.85
Here's the Michigan statute: Michigan Legislature - Section 259.85
Also this law is obviously corrupt...it is taken almost verbatim from 141, I suspect it was written to protect the state's big 141 schools from low-cost part 61 competition.
I suspect if MI tried to do this to airline operators, an army of ATA lawyers would drag them all the way to the supreme court to get it squashed.
04-08-2010, 10:32 AM
#8
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My WAG was a little bit different, Rick. My guess is that it's either a revenue measure (although the fees are very small) or a consumer protection measure where registration means insurance and a level of accountability an avoidance of fly-by-night (no pun intended) operations.
At least that's what the State would probably argued if it was challenged as an undue burden on interstate commerce in violation of those parts of the FAA Act that preclude state regulation.
I'm not sure of the result, but most airports have minimum standards for operation of businesses on the airport; why not a state?
btw, glancing at the statute, including the definition section, I can't even tell whether in regulates independent CFIs at all.
At least that's what the State would probably argued if it was challenged as an undue burden on interstate commerce in violation of those parts of the FAA Act that preclude state regulation.
I'm not sure of the result, but most airports have minimum standards for operation of businesses on the airport; why not a state?
btw, glancing at the statute, including the definition section, I can't even tell whether in regulates independent CFIs at all.
04-08-2010, 11:51 AM
#9
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Originally Posted by NoyGonnaDoIt
My WAG was a little bit different, Rick. My guess is that it's either a revenue measure (although the fees are very small) or a consumer protection measure where registration means insurance and a level of accountability an avoidance of fly-by-night (no pun intended) operations.
At least that's what the State would probably argued if it was challenged as an undue burden on interstate commerce in violation of those parts of the FAA Act that preclude state regulation.
I'm not sure of the result, but most airports have minimum standards for operation of businesses on the airport; why not a state?
btw, glancing at the statute, including the definition section, I can't even tell whether in regulates independent CFIs at all.
At least that's what the State would probably argued if it was challenged as an undue burden on interstate commerce in violation of those parts of the FAA Act that preclude state regulation.
I'm not sure of the result, but most airports have minimum standards for operation of businesses on the airport; why not a state?
btw, glancing at the statute, including the definition section, I can't even tell whether in regulates independent CFIs at all.
The way I read it, anyone offering flight instruction would potentially fall under the category of flight school.
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