Rules...

have gotten a checkout in the rental.
...
There should be no guilt about a guy flying a rented Cessna there himself and handing the keys to the commercial pilot or CFI and saying "your bird, fly it back".
As I've been saying for this entire thread, if you are legal, and authorized by the airplane owner to fly the flight yourself, then it's fine. No need to receive dual instruction unless you want it.
 
As I've been saying for this entire thread, if you are legal, and authorized by the airplane owner to fly the flight yourself, then it's fine. No need to receive dual instruction unless you want it.
Gotcha, understood!
 
Why the subterfuge?

Rent the plane and fly to your destination. Legal.​
​
Pay the CFI/commercial pilot to ride along as a passenger, with you (not him) acting as PIC. Legal.​
​
Pay the CFI/commercial pilot to ferry the plane back home. Legal.​

Done.
Yabut, the FAA can hear quacking, even when it's a wombat.
 
Why the subterfuge?

Rent the plane and fly to your destination. Legal.​
​
Pay the CFI/commercial pilot to ride along as a passenger, with you (not him) acting as PIC. Legal.​
​
Pay the CFI/commercial pilot to ferry the plane back home. Legal.​

Done.
Here's the thing, I fully anticipate if I call the flight school and say: "Hey, I'm going to use your aircraft as a 1-way rental where I fly myself and someone needs to fly it back. I'll pay for their time on the way there, and pay for the rental on the way back. But I'll fly it there.", they'll say "sorry bruh, no".

I could be wrong but my guess is they will want to completely avoid even the potential appearance of giving me a 135 ride -- and I suspect that will be their answer for the same reason many on here are suggesting that would be potentially a misunderstood, hazardous situation.

But it's not a 135 ride.
Cuz I know, for a fact, that I will be the only PIC on board while I'm in the airplane. So the problem isn't reality, the problem is perception.

The harmless subterfuge was solely to guarantee:
1) They say yes to the flight
2) They have absolutely no way to ever be blamed for what turned out to be a 1-way flight. Cuz no one can predict illness...

... except me... :p
 
If the FAA wants to bust you, they can always find a way anyhow, so why bother worrying about it?
Again, if the FBO or "CFI" are doing this every week, then I could see the FAA trying to make a case about 134.5, but a one time deal that's totally legit like this, the FAA is not going to pursue.
 
Here's the thing, I fully anticipate if I call the flight school and say: "Hey, I'm going to use your aircraft as a 1-way rental where I fly myself and someone needs to fly it back. I'll pay for their time on the way there, and pay them to fly it back. But I'll fly it there.", they'll say "sorry bruh, no".

I could be wrong but my guess is they will want to completely avoid even the potential appearance of giving me a 135 ride -- and I suspect that will be their answer for the same reason many on here are suggesting that would be potentially a misunderstood, hazardous situation.

But it's not a 135 ride.
Cuz I know, for a fact, that I will be the only PIC on board while I'm in the airplane. So the problem isn't reality, the problem is perception.

The harmless subterfuge was solely to guarantee:
1) They say yes to the flight
2) They have absolutely no way to ever be blamed for what turned out to be a 1-way flight. Cuz no one can predict illness...

... except me... :p
Just take a friend who's checked out in the rental or fits your open pilot clause.
 
Which definition is that?
Part 119 governs all air carrier operations, including both 121 and 135 as well as the other bits of Subchapter G that aren't as commonly known.

§ 119.1 Applicability.
(e) Except for operations when common carriage is not involved conducted with any airplane or powered-lift having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—
(2) Nonstop Commercial Air Tours that occur in an airplane, powered-lift, or rotorcraft having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport...
 
Only if the FAA doesn’t pursue it. If the FAA chose to pursue it, for whatever reason, the CFI would be the one on the hook.
And the FBO.

Here's the thing, I fully anticipate if I call the flight school and say: "Hey, I'm going to use your aircraft as a 1-way rental where I fly myself and someone needs to fly it back. I'll pay for their time on the way there, and pay for the rental on the way back. But I'll fly it there.", they'll say "sorry bruh, no".

I could be wrong but my guess is they will want to completely avoid even the potential appearance of giving me a 135 ride -- and I suspect that will be their answer for the same reason many on here are suggesting that would be potentially a misunderstood, hazardous situation.
Exactly. They know the score.

The harmless subterfuge was solely to guarantee:
1) They say yes to the flight
2) They have absolutely no way to ever be blamed for what turned out to be a 1-way flight. Cuz no one can predict illness...
How happy do you think they'll be to discover your deception? Do you think they'd rent to you again? Do you think the subterfuge really is "harmless" if the CFI and/or the FBO get in trouble over it?

Just take a friend who's checked out in the rental or fits your open pilot clause.
Yes! There's all kinds of ways to do this that are black-and-white legal and don't get into the gray area that the FBO will be trying to avoid. There's no reason to continue to pursue the scenario posed in the OP.
 
Here's the thing, I fully anticipate if I call the flight school and say: "Hey, I'm going to use your aircraft as a 1-way rental where I fly myself and someone needs to fly it back. I'll pay for their time on the way there, and pay for the rental on the way back. But I'll fly it there.", they'll say "sorry bruh, no".
And if you do it the way you planned I would fully anticipate being fired as a customer by the FBO, regardless of the actual legality.I’ve seen it done. If they think it’s illegal, they’re not gonna let you ever fly their airplanes again.
 
And if you do it the way you planned I would fully anticipate being fired as a customer by the FBO, regardless of the actual legality.I’ve seen it done. If they think it’s illegal, they’re not gonna let you ever fly their airplanes again.
yeah, but ya know, I can't control what they think is legal. That's totally on them.
The best I can do is actually be legal. Which this would be.
 
Part 119 governs all air carrier operations, including both 121 and 135 as well as the other bits of Subchapter G that aren't as commonly known.

§ 119.1 Applicability.
(e) Except for operations when common carriage is not involved conducted with any airplane or powered-lift having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—
(2) Nonstop Commercial Air Tours that occur in an airplane, powered-lift, or rotorcraft having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport...
Whomp, whomp.
 
why not just do it such that no one thinks it’s illegal?
Because there is always someone that thinks it's illegal.

Running your life by what anyone else might think is a crappy way to go through life.
 
Because there is always someone that thinks it's illegal.
Running your life by what anyone else might think is a crappy way to go through life.
the OP has chosen that crappy way, apparently, because he asked what people think.

So why not just hire a pilot separately, and do the same trip for the same money or less? At least the FAA wouldn’t be the ones thinking it’s illegal.
 
I had an A&P tell me I had to have him sign off on a simple repair I did on my experimental aircraft. I could have done it in a way that everyone thought is legal and paid him to sign off on my work. Or I could ignore him and still be perfectly legal.
 
I had an A&P tell me I had to have him sign off on a simple repair I did on my experimental aircraft. I could have done it in a way that everyone thought is legal and paid him to sign off on my work. Or I could ignore him and still be perfectly legal.
I’ve had people tell me lots of things that were wrong, some saying it was illegal when it wasn’t, some saying it wasn’t legal when it was. They were all wrong, but they all had to be dealt with using actual respect. The OP’s “**** you, I don’t care what you think, I’m going to do what I want with your airplane and your certificate” method is bad whether it’s legal or not.
 
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The OP’s “**** you, I don’t care what you think, I’m going to do what I want with your airplane and your certificate” method is bad whether it’s legal or not.
I'm sorry, but that's not accurate. That was not my attitude in this thread. I was respectfully soliciting different ideas and giving them a fair hearing; if I didn't care I wouldn't have asked. But, as everyone reading the thread can plainly see, the issue is a little bit polarizing. I don't think I've taken a combative attitude in this thread (though some other passionate individuals might have).

I've just played devil's advocate and argued on behalf of the flight based on the reality of how it is conducted rather than fixating on (potential) FAA perception(s).
 
I'm sorry, but that's not accurate. That was not my attitude in this thread. I was respectfully soliciting different ideas and giving them a fair hearing; if I didn't care I wouldn't have asked. But, as everyone reading the thread can plainly see, the issue is a little bit polarizing. I don't think I've taken a combative attitude in this thread (though some other passionate individuals might have).

I've just played devil's advocate and argued on behalf of the flight based on the reality of how it is conducted rather than fixating on (potential) FAA perception(s).
You haven’t taken a combative attitude in this thread, but by your own admission, your intent is to be deceptive andnot tell the FBO or the pilot what your plan is because you’re sure they won’t allow it. That’s a “**** you” if there ever was one.
 
You haven’t taken a combative attitude in this thread, but by your own admission, your intent is to be deceptive andnot tell the FBO or the pilot what your plan is because you’re sure they won’t allow it. That’s a “**** you” if there ever was one.
That does not seem accurate to me.
 
yeah, but ya know, I can't control what they think is legal. That's totally on them.
The best I can do is actually be legal. Which this would be.
According to you. They have likely been paying more attention to what the FAA is actually enforcing these days, and they're acting accordingly.

I'm sorry, but that's not accurate. That was not my attitude in this thread. I was respectfully soliciting different ideas and giving them a fair hearing; if I didn't care I wouldn't have asked. But, as everyone reading the thread can plainly see, the issue is a little bit polarizing. I don't think I've taken a combative attitude in this thread (though some other passionate individuals might have).

I've just played devil's advocate and argued on behalf of the flight based on the reality of how it is conducted rather than fixating on (potential) FAA perception(s).

Perception is reality, and the FAA's perception of what is going on is the only thing that matters.

But you're also choosing only to agree with people who agreed with your preconceived notion of what the answer was. There's a bunch of ways to do this that are not in a legal gray area or particularly under the FAA's watchful eyes at the moment. Share with another renter, get a ride from a friend, etc... So why not do one of those instead?
 
According to you. They have likely been paying more attention to what the FAA is actually enforcing these days, and they're acting accordingly.
From what I can tell, the FARs are on my side here.

Perception is reality, and the FAA's perception of what is going on is the only thing that matters.
Words cannot express how much I vehemently disagree with that assessment :D

The FAA writes rules, they are not the arbiters of reality. If in reality I played by the FAA's rules, that's what matters to me.

Whether or not they want to concoct a fantasy retelling of events to fit a narrative, or a particular warpath they're intent on taking, is beyond my control. And in no world will I ever choose or not choose to do something simply because a regulatory agency could choose to abuse their oversight and interpret my actions as unlawful without proof.

For instance, do I not take a tax deduction I'm owed (by law) because the IRS might flag a particular item as suspect? If I have the evidence to prove it's legit, do I just not file that deduction for fear it might cause me to pop up on their radar? No way.

In short, I refuse to be governed by unwritten rules that have no burden of evidence. Or rules that rely on a fake retelling of reality in order to make their version + accusations true.

But you're also choosing only to agree with people who agreed with your preconceived notion of what the answer was.
As logic requires, I'm forced to choose between two mutually exclusive assessments. Either the flight is doable or isn't doable under the regs. This isn't Schrodinger's Airplane Flight, so it stands to reason I can't agree with both. So if I choose the one I originally suspected (that it's OK), I'm only agreeing with people who agreed with me. If I switch viewpoints, I'm ignoring the ample examples and evidence produced by other people to show it's OK. Kind of damned if I do, damned if I don't? Eh?

Thus far the best evidence I've seen is that it's a totally legal flight (with certain stipulations: like being able to fully act as PIC). The only peril that exists is due to perception, which is not a concern of mine because of (SEE: explanation above)...

I totally get that a pragmatist might say "why would you bring this on yourself? Why not just sidestep the whole thing completely and do X" (and that very well may be what I do for convenience sake). But at the end of the day, this was about the letter of the law, not the way the FAA could choose to see it.
 
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From what I can tell, the FARs are on my side here.
Naah, a bunch of Internet lawyers are on both sides here. If you want to know whether the FARs are on your side, the place you need to ask this question is the chief counsel's office:


That is the one and only way to get a definitive answer.

But at the end of the day, this was about the letter of the law, not the way the FAA could choose to see it.
But the way administrative law works is that the FAA gets to decide what their own rules mean, so the way the FAA chooses to see it IS the letter of the law.
 
The only peril that exists is due to perception
The only reason there was any controversy here was that we didn't have all the information. Now that we do, it's clearly legal. No need to worry about what anyone who's partially informed thinks.
 
Didn't I read somewhere that the FAA said it wasn't really looking at issues skirting 135 when it is between two proper rated and current pilots?
 
Because hiring a pilot to fly you somewhere in an airplane you rented is an illegal charter.
Only if the pilot comes from the same source as the airplane.

You can rent a plane from an FBO and hire a pilot (with appropriate ratings) from another source to fly you around.

If you rent a plane and pilot from the FBO, the FBO is performing an illegal charter until they are also have a Part 135 operation also.
 
Part 119 governs all air carrier operations, including both 121 and 135 as well as the other bits of Subchapter G that aren't as commonly known.

§ 119.1 Applicability.
(e) Except for operations when common carriage is not involved conducted with any airplane or powered-lift having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—
(2) Nonstop Commercial Air Tours that occur in an airplane, powered-lift, or rotorcraft having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport...
This really only applies to sight seeing type flights. If you land somewhere else, especially if you shut down and change pilots, the FAA is going to say that the flight did begin and end at the same airport.

And the 25 sm limitation is an issue for most flights to do somewhere.
 
You can rent a plane from an FBO and hire a pilot (with appropriate ratings) from another source to fly you around.
What FBO is going to rent a non-pilot and airplane without retaining control over who the pilot will be?
 
What FBO is going to rent a non-pilot and airplane without retaining control over who the pilot will be?
Either one that doesn’t know it’s happening, or one that says, “we don’t care who flies the airplane, as long as they’re checked out in it by us.”
 
Either one that doesn’t know it’s happening, or one that says, “we don’t care who flies the airplane, as long as they’re checked out in it by us.”
So a commercial pilot who wants to make some money flying people around just needs to get checked out then have the FBO rent the airplane directly to his passengers?
 
So a commercial pilot who wants to make some money flying people around just needs to get checked out then have the FBO rent the airplane directly to his passengers?
basically, yes. As long as the FBO doesn’t coordinate the process, it’s legal.
 
What FBO is going to rent a non-pilot and airplane without retaining control over who the pilot will be?
Or the pilot is a checked out pilot at that FBO, but not associated with it.
 
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