Hypothetical question about 14 CFR 61.113(c)

Once upon a time, private pilots were allowed to share operational expenses with their passengers. So people took that to an extreme and prorated every thing they could think of - their Insurance, hangar, chart subscription, data subscriptions, annual inspections and maint, fuel, oil, aircraft cleaning, interest on their loan, depreciation, engine reserve, ...... Then the FAA wrote a new reg.
 
Clip4 said:
Once upon a time, private pilots were allowed to share operational expenses with their passengers. So people took that to an extreme and prorated every thing they could think of - their Insurance, hangar, chart subscription, data subscriptions, annual inspections and maint, fuel, oil, aircraft cleaning, interest on their loan, depreciation, engine reserve, ...... Then the FAA wrote a new reg.
Click to expand...
Yep. I took a look. The Chief Counsel letter was 1993; the conforming change in the reg came in the big 1997 revision.

Before:
A private pilot may share the operating expenses of a flight with his passengers.​

After:
A private pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.​

The basis guidance from the earlier Legal interpretations pretty much stands, though:
The expenses that a private pilot may share are those that are directly attributable to the flight that he or she shares with their passengers. *** In short, those expenses that would not be incurred by the private pilot if the flight did not take place.​
 
Last edited:
So what happens if my partner incurs all the fixed costs but assumes no flight privileges ?o_O
 
The rules are what the FAA say they are. . .until a Federal judge says they aren't. Practically speaking, I don't think the FAA has bank subpoena powers, so you could write the encyclopedia Britannica on the comment section of a check, and they wouldn't be privy. Take the effing money, since you aren't violating the spirit of the reg, and be circumspect about it. Cash is good; and if you're really talking about just one person, and not running a covert business to skirt the rules, no one cares.
 
You must log in or register to reply here.
Back
Top