My Commercial Airplane SEL checkride is in two weeks or so...

Inevitably, I will be asked about certain situations where I have an opportunity to get paid or compensated to fly… Any tips or things to add about analyzing a situation and determining if you can do it legally under Part 91, or 119 – or if a 135 operator permit will be needed to conduct the flight…

Thanks

As a commercial pilot essentially all you can legally do for hire is flight instruct;

when in doubt, I would err on the cautious side and decline any offer to "work for hire." (especially when holding out is believed to be involved in the equation.)

Yeah, safest thing is decline anything that is not flight instructing, or performed under a 135 or 121 certificate. About the only thing you can safely do in part 91 without getting in a grey area would be flight instruction or operating an aircraft provided by someone else.

An examiner should be OK with your decision to stay out of that "holding out' grey area.

Remember the pilot and the plane can't come from the same source. If they do you must all be going to wherever you are going for the same reason and everyone must pay the pro rata share for the flight expenses.

Also-compensation comes in more forms then just money. Goodwill (Getting paid nothing with the expectation of future benefits) and even just logging flight time can be considered compensation.

I was given this scenario during my oral:

You (a commercial pilot) and another commercial pilot are sitting around at the local FBO when a guy on crutches walks in. He askes out loud if there are any commercial pilots here. You and the other pilot glance at each other while the guy continues on saying that he flew in yesterday and broke his leg and needs to get home. Hes looking for someone to fly him and his plane back home, he also says that he can't pay you but he'll buy you a airline ticket home tomarrow. You stand up and say sure your a commercial pilot and will do it (Knowing that the plane and pilot are coming from different sources and figuring you'll atleast be able to log a few free hours).

What do you think, is what you just did illegal or not?

Thank you everyone for the help so far!

As for JMT21's situation:

At first It seems that it would be legal, considering the commercial pilots did not advertise or seek the customer to be flown back home. Also, the plane is being provided seperately.

Yet this sounds like a trick question...If a commercial pilot gains a reputation too transport anyone anytime in their aircraft, the pilot could be considered a commercial operator. The pilot is being compensated by the flight time, and transportation back - still, since this is a one time flight, I believe this to be a legal commercial operation, and can be conducted under Part 91.

??? well??

Since no money appears to have been offered, this really looks more like an act of charity. The ticket home is not compensation, every employer provides travel for their employees as a cost of doing business.

As to whether the flight time itself is "compensation"...you might have to look at the status of the pilot in the industry. If I were to arrive home after a 4 day trip in my airliner and someone were to imply that just giving me the opportunity to fly their light recip is compensation enough...I'd laugh in their face.

Even if the flight time is compensation, you do not appear to be holding out in any way.

I'm not advocating this, and don't tell the examiner this, but the way some folks have covered their ass in situations like this (assuming you're a CFI) by logging dual-given to the person in the other seat. Obviously, you can't do this for the same guy on a long-term basis, but it works for occasional deals. A flight review or some occasional hood work is entirely reasonable for a qualified pilot. A pilot might also legitimately want to take a CFI along on a cross-country if he is not real familiar with the route. A rated pilot can always get dual-given for any reason or no reason. If the passenger is not a pilot, then an Intro flight might be in order..

I gave an answer similar to what you fellas said, just talked my through it and let him know what I knew. He mentioned how gray an area it really is, and never really said whether it would have been legal or not. He made the point that the flight hours could be considered compensation (I would agree with Rick though, it depends where you are in your career; another way around it other then logging it as dual given is to not log it at all as you only need to log time in furtherance of training or for proficiency). Another point he made (although I think is a bit of a stretch) is you jumping up and saying you would fly him might be considered holding out. Good luck on you checkride, go through the commercial oral exam guide and you should be sitting pretty. For more details (definitions and such) on the privileges of a commercial pilot there is an advisory circular out there.

On my commercial checkride, I got asked almost all 135 questions with duty times, SIC requirements, etc. My examiner was a commuter capt. So I sort of understood why he would ask those questions. I think he figured that as a commercial pilot you can fly for an airline or 135 op so you should know some regulations even though you'll end up as a CFI or fire spotter first. Many have disagreed with him asking those questions but IMO I would ask those questions too. You figure as a commercial pilot you can act as SIC for a 121 company so you should knowledgable about pertainanet regulations. Now the insurance companies would not even let you open the door of a king Air with the hours you'll have after your check ride but your given enough hours and time you could be a commercial pilot flying passengers. Find out what your examiner does besides being a DE. If he or she flies a CJ for a 135 Company than you may want to prepare for 135 questions, maybe. Good luck

Chris

That's the first time I've ever heard of a comm applicant being asked 135 questions (I have LOTS of dual-given and student sign-offs). That stuff is NOT in the PTS; if somebody failed one of my students over that I'd throw the BS flag. 135 and 121 operations have set training requirements for new-hires, which would include that kind of stuff, Those questions are in the ATP question bank for a reason (not in the commercial bank). Just my opinion...