another "charity flight" question

eman1200

eman1200

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Bro do you even lift
I'll research this later when I have more time but figured I'd throw it out there for now:

my company does a fundraising event every year. you can simply donate money, but they also do an online auction where you can put things up for bid, the item goes to the highest bidder when the auction closes and the money goes directly to a charity of your choice.

so, what if I put a 1 hour flight up for bid? the auction winners money would go directly to the charity, which I am not affiliated with in any way, and I would pay for the flight in it's entirety. legal?
 
You'd need to meet the requirements in 91.146.

§ 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
(a) Definitions. For purposes of this section, the following definitions apply:
Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety.
(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:
(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;
(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;
(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a formation flight;
(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day VFR conditions;
(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;
(9) A private pilot acting as pilot in command has at least 500 hours of flight time;
(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and
(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.
(c)
(1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.
(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.
(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is scheduled:
(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;
(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§ 61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.​
 
yeah, I guess to be legit, this is a deal-killer:

A private pilot acting as pilot in command has at least 500 hours of flight time
 
Just make a deal with a friendly CFI for you to buy a coupon for a discovery flight. You won't be the one flying, but you're still introducing the winner to aviation, and contributing to a good cause.
 
Make the flight under the EAA Eagle/Young Eagle banner then you are covered by the insurance EAA has on the flight.
 
murphey said:
With appropriate paperwork, of course.
Click to expand...
An EAA membership to start. You would also need the Eagle or Young Eagles forms and comply with their rules. Nothing onerous unless you don't like EAA. You do not need chapter affiliation. Visit YOUNGEAGLES.ORG or EAA.ORG for more info.
 
silver-eagle said:
Make the flight under the EAA Eagle/Young Eagle banner then you are covered by the insurance EAA has on the flight.
Click to expand...
You can't auction off a Young Eagles flight -- has to be free.

Bottom line is if the OP wants to do what he said, he'll have to either get his CP ticket or wait until he's got 500 hours, and then either way do the 91.146 deal (assuming the event qualifies as a charitable, non-profit, or community event as defined in that regulation, which is probable but not certain based on his post).
 
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Well, instead of creating a new thread for now I thought I'd ask a question in an existing thread. I've read through many FAA interpretations but really can't figure it out. I'd prefer to hear some opinions first before I end up calling the FSDO for clarification.

Do you believe that a flight school, training pilots under Part 61 with no 119/121/135 certificate, needs to comply with 91.146 when donating an introductory flight lesson to be raffled at a charity event? I'd normally play it safe and just request compliance with 91.146, but the kicker here is that the flight school primarily operates LSA aircraft. We want neither the charity or the flight school to suffer any repercussions.

Thoughts?
 
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