Quote:
Originally Posted by NotPart91
I'm curious.
Why is everyone skiddish in calling and asking the local FISDO?
In reality it's those folks who will be talking to you if an issue comes up, correct?
Because the FSDO will say read the regs in a stuffier, legalese way. They do not want to make a recommendation because if they are wrong, they can be held liable. Also, how the regs are interpreted varies from FSDO to FSDO.
Quote:
Originally Posted by BoilerUP
Which non-profit would be paying for the trip - the one you fly for, or the one who would be your passengers?
If your company is paying the expenses, then the passengers are guests of your company and it is no big deal.
If the passengers would be paying the expenses (either directly or through a donor), then I would think an Administrative Law Judge would consider that an illegal charter.
Have you read 91.501?
Not necessarily. There is case law (sorry, I can't find the precedent, but I think it was the Cincinnati FSDO) where an air ambulance company that was doing a repo flight under part 91 after a transport (I think the crew was timing out and flying back under 91) allowed the next of kin to ride back to base for free. The feds violated the pilots because, in the final judgement, the flight was for compensation: compensation in the form of "good will".
Quote:
Originally Posted by pokey9554
An aviation attorney will be able to draft a non-exclusive dry lease agreement for the applicable parties involved. There will be a few hoops to jump through, but dry leases are very common in the corporate world.
This is the best advice. And if the attorney has a heart (I know, oxymoron), he might even do it
pro bono if he sees the flight is truly a donation.
One thing I would do to CYA no matter what the lawyers draw up: pretend you ARE 135 and follow those regs for fight/duty times, filing alternates, O2, etc. I'm paranoid, but maybe doing so and DOCUMENTING it will show the feds you tried to act in good faith should they come after you.
I've done a three freebees out of pocket because I knew I was doing the right thing and it was easier than jumping through the hoops. I did them for the karma (luckily the feds can't hold that against me). In the end, I got enough free drinks from them and their buddies to cover my costs. Good luck, and don't let the BS stop you from making the flight.