Are Charity flights covered under 135?

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Cmercado

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Charlie M
Hi guys..

Somebody is telling me that you need a 135 certificate even if the passengers are not paying for a flight...

The story goes like this. A group of doctors are going to be transported from point a to point b. They are going to do missionary work in a different country. The expenses of the flight are being paid by a donor who is not a passenger..

91 or 135?

I just dont want to ask FSDO....:mad2::mad2:
 
That's 91. If the pilot is a private pilot, he needs to pay at least his pro-rata share for the flight. The donor could cover the share of the passengers.


Otherwise if the pilot has commercial and 2nd class medical, and the passengers don't pay out of pocket for the flight, you are good to go. Exception is if the plane and commercial pilot is provided by a single entity, then you may need a 135 certificate depending on the circumstances For example, if an FBO rents you a plane and then you hire the pilot from that same FBO.

2 Scenarios where this could work out:

1) Donor owns the plane and hires a commercial pilot to fly the doctors there/back

2) Donor rents a plane from an FBO and separately hires a commercial pilot to fly them there/back
 
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Here's a question, and it will come into play when doing some timebuilding next spring for me for my Commercial.

If you do some volunteering for "Pilots N Paws" and you're only a Private Pilot and you're paying it all out of your own pocket you can deduct that entire cost from your taxes correct? Question number 2 would be...can I do it as a PPL holder?
 
mcoflyer said:
Here's a question, and it will come into play when doing some timebuilding next spring for me for my Commercial.

If you do some volunteering for "Pilots N Paws" and you're only a Private Pilot and you're paying it all out of your own pocket you can deduct that entire cost from your taxes correct? Question number 2 would be...can I do it as a PPL holder?
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PnP is only a clearing house. If the sending/receiving organizations are 501c3, then it depends if you are renting or using your own plane. If renting, the entire cost of the rental. If usong your own, then consumables only - fuel and oil.

Mileage to and from the airport is deductible either way. PnP has a form that each pilot fills out that tracks all this for your convenience. Many of the paticipating orgs will send a nice thank you note. I keep the fuel receipts in addition for tax purposes.

As for the second question....isn't it the same as your first question?
 
to the OP - I believe you need to also need to be going to the same location. You can't transport someone from Point A to Point B. You need to have thought "I want to go to South America, Jeff do you want to go as well?"

As my CFI says, you can do what you want but it's about the room with a bright light. If the FAA peeps get wind of it can you prove it wasn't a commercial operation with no commercial certificate....
 
Cmercado said:
The story goes like this. A group of doctors are going to be transported from point a to point b. They are going to do missionary work in a different country. The expenses of the flight are being paid by a donor who is not a passenger..

91 or 135?
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Part 135, plain and simple, since the pilot has no common purpose for the flight. Assuming the pilot is also the aircraft provider, s/he can donate the entire cost of the flight to the charitable purpose but cannot collect one thin dime for the trip.
 
dell30rb said:
That's 91. If the pilot is a private pilot, he needs to pay at least his pro-rata share for the flight. The donor could cover the share of the passengers.
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Nope. Pilot has no common purpose for the flight, so it does not fall under 61.113(c). As described, this is air transportation of passengers for hire, and isn't even a 25sm sightseeing flight, so it's Part 135 all the way

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Otherwise if the pilot has commercial and 2nd class medical, and the passengers don't pay out of pocket for the flight, you are good to go.
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Doesn't change a thing. It doesn't matter whether the passengers are paying or a third party is paying for them -- this is not Part 91.

Exception is if the plane and commercial pilot is provided by a single entity, then you may need a 135 certificate depending on the circumstances For example, if an FBO rents you a plane and then you hire the pilot from that same FBO.
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The FBO will absolutely need a 135 certificate for this.

2 Scenarios where this could work out:

1) Donor owns the plane and hires a commercial pilot to fly the doctors there/back

2) Donor rents a plane from an FBO and separately hires a commercial pilot to fly them there/back
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Concur on both points. The problem with #2, however, is finding an FBO who will rent you a plane and then let anyone you choose fly it.
 
mcoflyer said:
If you do some volunteering for "Pilots N Paws" and you're only a Private Pilot and you're paying it all out of your own pocket you can deduct that entire cost from your taxes correct?
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Correct. The FAA Chief Counsel said a long time ago that tax deductions for charitably donated flights are not "compensation" within the context of 61.113. So...

Question number 2 would be...can I do it as a PPL holder?
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...a PP can indeed donate the use of his/her aircraft (or a rented plane) and his/her pilot services for charitable flights and then (as long as the IRS says the operation qualifies) take a deduction for the direct cost of the flight.
 
Does the donor own the airplane and pays a commercial-rated pilot to fly it? If so, 91.

If the donor is basically hiring the airplane for the people to get flown around in, 135.
 
Ted DuPuis said:
Does the donor own the airplane and pays a commercial-rated pilot to fly it? If so, 91.

If the donor is basically hiring the airplane for the people to get flown around in, 135.
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The donor is providing fuel and pilot only. The owner of the plane is providing it free of charge.
 
Cmercado said:
The donor is providing fuel and pilot only. The owner of the plane is providing it free of charge.
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Since there is no common purpose, and the pilot isn't paying, the pilot must be a CP/ATP, but it is Part 91, not Part 135.
 
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