Ride Share Boards

poadeleted20

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For those interested, here's a copy of the letter I got from the FAA regarding soliciting and picking up riders from public rideshare boards like pilotsharetheride.com. Please pardon the double-scanned first page, and y'all be careful about doing this.
 

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Classic gummint-speak. 1.5 pages of side-step.

My take on it is, if you, as a pilot, place an ad there offering to fly when an as-yet-unspecified someone wants to go, and/or to an as-yet-undefined destination, you are riding the edge pretty badly.

PS-

Ron:

Thanks for checking into this!

/s/ Spike
 
My take on it is, if you, as a pilot, place an ad there offering to fly when an as-yet-unspecified someone wants to go, and/or to an as-yet-undefined destination, you are riding the edge pretty badly.
That's about the way I read it, too. But outside of any FAA issues, what do you know about the people you find on one of these ride-share boards? And what might they be carrying with them? Drugs? Guns? A surprise package from Osama bin Ladn?
eek.gif
 
Yeah a lot of side step.

My take is that in this situation common purpose is more the issue as opposed to holding out.

Joe
 
My take is that in this situation common purpose is more the issue as opposed to holding out.
I think you're right, but I also think the "holding out" would allow them to pile on the penalties, and the public post would provide documentary evidence of intent.
 
I had never heard of the ride share boards, I would be leary of the passenger and cargo my self
 
Professor Levy?!?!?!?!

Pete
Hey, he's getting out there! He was a lecturer and aviation sciences program director at University of Maryland, Eastern Shores. And he was quoted in Aviation Week last month, too! http://www.aviationweek.com/aw/generic/story_channel.jsp?channel=comm&id=news/PILOTS03128.xml

http://www.zoominfo.com/people/Levy_Ron_334048814.aspx said:
Captain Levy became the Program Coordinator of the Aviation Sciences Program at UMES in 2000, and was named Director of the program in 2001. He teaches courses on flight theory and aviation operations, safety, and management.
 
I think you're right, but I also think the "holding out" would allow them to pile on the penalties, and the public post would provide documentary evidence of intent.
I agree, if someone is caught scamming the system that opinio won't help.

But, I think it supports me posting here something like "I'm going to Gaston's (which I unfortunately am not this year) and have a seat open if you're willing to share expenses".

I always felt uncomfortable with the requirement of sharing expenses before this.

What do you think?

Joe
 
I agree, if someone is caught scamming the system that opinio won't help.

But, I think it supports me posting here something like "I'm going to Gaston's (which I unfortunately am not this year) and have a seat open if you're willing to share expenses".

I always felt uncomfortable with the requirement of sharing expenses before this.

What do you think?

Joe

You and your passengers would have a common purpose/destination, and you'd be going whether they went or not, on those specific days... you're golden, per the letter and the law.
 
I'm not sure that clarified too much for me, but I haven't mastered all the FAA docs yet. Basically I got this ...

Bad ad:
I'm going on spring break this year and am looking for someone(s) to share the ride & fuel cost. Email me your location and I'll pick you up on the way.
(possible lack of commonality, hold out, & charter)

Marginal ad:
I'm flying from HHR to Las Vegas this spring and have want 2 people to fill the seats for 3-way split of expenses.
(possible lack of commonality & subsidizing?)

"Good" ad:
I'm flying from HHR to Las Vegas March 22 to gamble, party, drink, and be merry. I have 2 open seats.
(established commonality)

Am I close?
 
I'm not sure that clarified too much for me, but I haven't mastered all the FAA docs yet. Basically I got this ...

Bad ad:
I'm going on spring break this year and am looking for someone(s) to share the ride & fuel cost. Email me your location and I'll pick you up on the way.
(possible lack of commonality, hold out, & charter)

Marginal ad:
I'm flying from HHR to Las Vegas this spring and have want 2 people to fill the seats for 3-way split of expenses.
(possible lack of commonality & subsidizing?)

"Good" ad:
I'm flying from HHR to Las Vegas March 22 to gamble, party, drink, and be merry. I have 2 open seats.
(established commonality)

Am I close?

As I read it, all of your examples are OK with the possible exception of #1 because of the extra pickup.

A blatantly bad ad: "Hey, I wanna go somewhere for spring break. Let me know where you want me to pick you up, and where you want to go."
 
Professor Levy?!?!?!?!

Pete
Do you think he know Mary Ann and Ginger?:D:D

From reading the FAA letter I also get the feeling that they are not looking into these types of add unless there is a specific complaint or incident. So that people will be skirting the edge or going over it without much concern of getting an FAA violation. But if during that flight something happens and the FAA finds out there was a ride sharing arrangement they may looking into it very closely.
 
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I'm not sure that clarified too much for me, but I haven't mastered all the FAA docs yet. Basically I got this ...

Bad ad:
I'm going on spring break this year and am looking for someone(s) to share the ride & fuel cost. Email me your location and I'll pick you up on the way.
(possible lack of commonality, hold out, & charter)

Marginal ad:
I'm flying from HHR to Las Vegas this spring and have want 2 people to fill the seats for 3-way split of expenses.
(possible lack of commonality & subsidizing?)

"Good" ad:
I'm flying from HHR to Las Vegas March 22 to gamble, party, drink, and be merry. I have 2 open seats.
(established commonality)

Am I close?
Yes, I think you're very close, although I think #2 is really shaky due to lack of definite travel dates/times. The only thing that would make #3 better would be a definite return date. Based on my reading of the FAA letter, you should have fixed go/return dates to be sure the "common purpose" criterion is met. With flexible travel dates, I think you risk running afoul of that standard.
 
From reading the FAA letter I also get the feeling that they are not looking into these types of add unless there is a specific complaint or incident.
I think that's true. The FAA only gets into enforcement mode when someone complains or a pilot is foolish enough to do something wrong with an Inspector watching.
So that people will be skirting the edge or going over it without much concern of getting an FAA violation.
I'm sure people will be doing that, and that they do it all the time. But if they get caught, they're toast.
But if during that flight something happens and the FAA finds out there was a ride sharing arrangement they may looking into it very closely.
Even if nothing happens on the flight, there are a lot of reasons why the rider could be unhappy about the situation and complain to the FAA. That could range from scaring the heck out of them in flight (even if you didn't do anything wrong, passengers occasionally become irrationally afraid) to the passenger being upset because you weather-delayed the flight and s/he "didn't get what I paid for." IOW, you can do everything right but still have a complaint filed, and the FSDO is legally required to investigate all complaints. That's another reason why I recommend sticking with friends and family for this kind of stuff.
 
The only thing that would make #3 better would be a definite return date. Based on my reading of the FAA letter, you should have fixed go/return dates to be sure the "common purpose" criterion is met. With flexible travel dates, I think you risk running afoul of that standard.

So are you saying listing activities that all on board are extremely likely to indulge in doesn't seal up "common purpose" in and of itself?
 
So are you saying listing activities that all on board are extremely likely to indulge in doesn't seal up "common purpose" in and of itself?
Yes, that's what I'm saying. But more importantly than that, I think that's also what Ms. Alkalay was saying. In fact, I don't think the FAA cares whether all individuals involved have the same reason for being at the destination at that time, just that all aboard have a reason for being at the same destination at the same time. That's what I think they mean by "common purpose."

Sure, if they're all going for the same reason when time and location are fixed by the event (say, to attend a conference or sporting event), then that in and of itself should meet the test. But when you start talking about activities not directly tied to the time/location (like "gamble, party, drink, and be merry" -- and you can do all that in locations outside of Las Vegas and Nevada), I think you're pushing the envelope, especially if you don't have fixed departure and return times. That sounds to me too much like a party charter governed by Part 135.
 
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I find it interesting that Alkalay stated that "part 119 would not cover,however, an operation involving the genuine sharing of expenses." Is she saying that it is ok to hold out when looking for ride share opportunities? She did say that they sees nothing illegal about pilotsharetheride. A recent opinion in 2011 seems to say just the opposite about ride sharing as it relates to bulletan boards and Facebook invites. What is your take on this?
 
As I read it, all of your examples are OK with the possible exception of #1 because of the extra pickup.

A blatantly bad ad: "Hey, I wanna go somewhere for spring break. Let me know where you want me to pick you up, and where you want to go."

So I can't pick up my son, the guitar player, in Boston, and then pick up his friend, the drummer in Worchester, and fly them to a gig in Albany and split the expenses with them?
Oh, wait. I don't give a crap because the rule is totally unenforceable.

Sorry. My bad attitude is showing again.
 
So I can't pick up my son, the guitar player, in Boston, and then pick up his friend, the drummer in Worchester, and fly them to a gig in Albany and split the expenses with them?
Oh, wait. I don't give a crap because the rule is totally unenforceable.

Sorry. My bad attitude is showing again.

The way I read it, you're fine if you're also in the band.

But you get bonus points for the photo of a complete drum kit, plus guitar and amp, stuffed into a light single. :)
 
Do you have a name for the more recent opinion ? The letter to Ron was from the regional counsel, anything from Independence Ave would supercede it.
 

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At least "PilotsWanna135Violation.com" stopped sending me spam.
 
So,, As always, it is the pilots actions that will be the deciding factor.

This is a change? how.

I really believe the FAA will not be chasing anyone for a violation unless there is a pax bitchin.
 
Folks, I can say with 100% certainty that the FAA is not going after pilots flying their children/parents/friends/cousins/spouses/etc. in what might otherwise be considered a part 135 flight.

The moment you start "holding out" though, it becomes a different story. Post on facebook that you'll fly "whereever, whenever", the FSDO will not be impressed.
 
The way I read it, you're fine if you're also in the band.

But you get bonus points for the photo of a complete drum kit, plus guitar and amp, stuffed into a light single. :)

Does a PA-32 count? Our drummer is skinny, he can fit back there on one of the club seats in the fetal position with all the stuff. :D
 
I find it interesting that Alkalay stated that "part 119 would not cover,however, an operation involving the genuine sharing of expenses." Is she saying that it is ok to hold out when looking for ride share opportunities?
It is OK to advertise for riders as long as you stay within the "common purpose" requirement, i.e., you say specifically when and where you are going, you have a reason for going there at that time, and you don't change either for the benefit of the rider.

She did say that they sees nothing illegal about pilotsharetheride.
That's not quite what she said. Read it carefully, and you'll see she says there is nothing inherently illegal about that web site or using it, but there is significant potential for a pilot to violate the rules when doing so, especially by violating the "common purpose" requirement in posting a ride without a specific destination/date, filling a rider's request for a ride when the pilot has no reason to go to that destination on that date, or changing destination/date for the rider's convenience. IOW, it's not automatically illegal, but it is a giant opportunity to screw up if you aren't careful how you go about it.
 
So I can't pick up my son, the guitar player, in Boston, and then pick up his friend, the drummer in Worchester, and fly them to a gig in Albany and split the expenses with them?
Basically, yes.
Oh, wait. I don't give a crap because the rule is totally unenforceable.
The legal record says otherwise.
 
The way I read it, you're fine if you're also in the band.
Nope. The only flight you can share expenses on in that situation is a direct flight from your home base to Albany, because that's the only place you have your own reason to be going -- you have no reason to be stopping in Boston or Worcester other than to pick up the passengers.
 
I really believe the FAA will not be chasing anyone for a violation unless there is a pax bitchin.
Either the pax or the local 135 operator who finds out you're running what amounts to a faux 135 operation without an operating certificate. As I understand it, those are the two most common sources of those sorts of complaints. Most of the time, it's just an integrity check.
 
Folks, I can say with 100% certainty that the FAA is not going after pilots flying their children/parents/friends/cousins/spouses/etc. in what might otherwise be considered a part 135 flight.
Depends on whether or not your mom complains to the FAA about it.;)

The moment you start "holding out" though, it becomes a different story. Post on facebook that you'll fly "whereever, whenever", the FSDO will not be impressed.
It's the "wherever, whenever" part that is the problem, not the "holding out" on Facebook. As noted above, it can be legal to advertise for shared expense riders if you stay within the "common purpose" requirement. But it is also very easy to fall afoul of that one when advertising for riders, so mind your p's and q's.
 
Ok I like the way you are interpreting this, but.... I found this nasty little interpretation by FAA's Rebecca MacPherson in response to Mr. Haberkorn's questions in October of 2011. She appears to be saying that when advertising for ride sharing, even if the flight is preplanned and meets 61.113c, we would be in violation due to "holding out" and "receiving compensation", thus falling under common carriage rules. Tried to attach this, but I am not allowed. What's your interpretation? Let me know how to attach it and I will.
 
Ok I like the way you are interpreting this,
Not my interpretation -- mostly Loretta Alkalay's (and I did speak with her personally about this issue), plus some other FAA Counsels. I'm just passing it on.

...but.... I found this nasty little interpretation by FAA's Rebecca MacPherson in response to Mr. Haberkorn's questions in October of 2011. She appears to be saying that when advertising for ride sharing, even if the flight is preplanned and meets 61.113c, we would be in violation due to "holding out" and "receiving compensation", thus falling under common carriage rules. Tried to attach this, but I am not allowed. What's your interpretation? Let me know how to attach it and I will.
First, here's the link to the Haberkorn letter. In reading the Haberkorn letter, I see nothing at odds with the Alkalay letter discussed at the top. If the common purpose requirement is adhered to, there should be no problem, and Ms. MacPherson (or rather Nancy Sanchez, who actually wrote the Haberkorn letter) makes it clear that the Haberkorn letter does not say outright that listing a ride on Facebook is illegal per se. However, the Haberkorn letter reiterates Ms. Alkalay's caution about that, making clear that it is very easy to violate the common purpose clause when you put your offer out to a hundred million people on Facebook.
 
Either the pax or the local 135 operator who finds out you're running what amounts to a faux 135 operation without an operating certificate. As I understand it, those are the two most common sources of those sorts of complaints. Most of the time, it's just an integrity check.
I'd be surprised if the 135 operator isn't a far distant second place.

the only 2 incidences that I know personally were discovered by the FAA during a ramp check at BFI. the PAX went to babbling to the inspector.
 
I'd be surprised if the 135 operator isn't a far distant second place.
Whatever. It happens, and with sufficient regularity that one should not dismiss it.

the only 2 incidences that I know personally were discovered by the FAA during a ramp check at BFI. the PAX went to babbling to the inspector.
There are more things in heaven and earth, Tom, than are dreamt of in your philosophy.

Apologies to the Bard of Avon. - rbl
 
So you believe we are compliant if we advertise to the public as long as the pilot has a preplanned flight with a preplanned from/to and date along with the correct pro rata share of qualifying expenses?
 
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