Uggh Hard Drive Crash!! Legal Interpretation "Compensation" Lost....

NW_Pilot

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Rhine_Labs
Some how I had a Hard drive go bad and only recovered a few documents:frown3: but an important one???

I am looking for the Legal Interpretation from the FAA that flight time is compensatory under the compensation Legal Interpretation ...

I usually e-mailed a copy of the Legal Interpretation to Private Pilots offering to ferry planes for free!

I Searched Google, MSN, Yahoo Etc Cannot find it!!!

The document states something like below but more in depth for ferrying operations.

"the agency has repeatedly taken the position that building up flight time is considered compensatory in nature when the pilot does not have to pay the costs of operating the aircraft and would, therefore, be deemed a form of "compensation" to the private pilot under Section 61.118"

I need to find the Legal Interpretation of their position again!!! Was hard to find the first time!
 
that was an interesting read. i am surprised the faa came to that decision w/ regards to the Pelouse Soaring Society.
 
that was an interesting read. i am surprised the faa came to that decision w/ regards to the Pelouse Soaring Society.

And in regards to that decision and glider towing, I'm copying and pasting from another poster, another board.

<snip>your interpretation is from 1990 and 61.113 was updated in 2004 to allow a private pilot tow gliders for compensation or hire.


Quote:
Sec. 61.113

Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:
(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.
(c) 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.
(d) A private pilot may act as pilot in command of an aircraft used in a passenger-carrying airlift sponsored by a charitable organization described in paragraph (d)(7) of this section, and for which the passengers make a donation to the organization, when the following requirements are met:
(1) The sponsor of the airlift notifies the FAA Flight Standards District Office with jurisdiction over the area concerned at least 7 days before the event and furnishes--
(i) A signed letter from the sponsor that shows the name of the sponsor, the purpose of the charitable event, the date and time of the event, and the location of the event; and
(ii) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with Secs. 61.56 and 61.57 of this part and has logged at least 200 hours of flight time.
(2) The flight is conducted from a public airport that is adequate for the aircraft to be used, or from another airport that has been approved by the FAA for the operation.
(3) No aerobatic or formation flights are conducted.
(4) Each aircraft used for the charitable event holds a standard airworthiness certificate.
(5) Each aircraft used for the charitable event is airworthy and complies with the applicable requirements of subpart E of part 91 of this chapter.
(6) Each flight for the charitable event is made during day VFR conditions.
(7) The charitable organization is an organization identified as such by the U.S. Department of Treasury.
(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of:
(1) A local, State, or Federal agency; or
(2) An organization that conducts search and location operations.
(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer.
[(g) A private pilot who meets the requirements of Sec. 61.69 may act as pilot in command of an aircraft towing a glider or unpowered ultralight vehicle.]
 
Yea, the Legal Interpretation I had was for ferrying aircraft was really in depth explaining their position of logging time as compensation. I Guess I will have to call the local FSDO and see if they can locate it again hahaha hate calling the FSDO I should have kept a hard copy.... I get 10 e-mails/calls a week from Private pilots wanting to ferry aircraft for expenses only and most don't believe me that they cannot do it and that building up flight time is considered compensation! Usually the FAA letter proves this and they dont call back.

So need to find the letter that supports the statement below in 90-30 and I think I will have the Legal Interpretation I am looking for i am supprized they don't refer to a document backing their position in 90-30:

The issue is whether he is so acting "for compensation or hire." With regard to this second prong of Section 61.118, the agency has repeatedly taken the position that building up flight time is considered compensatory in nature when the pilot does not have to pay the costs of operating the aircraft and would, therefore, be deemed a form of "compensation" to the private pilot under Section 61.118
 
Last edited:
I thought AOPA had something on this some time back...
This link indicates flight time is considered compensation, but not what you are looking for...
http://www.aopa.org/members/files/pilot/1997/pc9710.html
Also, see the bottom of page 6885 in the enclosed PDF (found on AOPA)- code of federal regulations- there is a footnote there that states the FAA considers time to be compensation.

Hope this helps!
 

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  • 070315charity-rule.pdf
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OK, called APOA it is FAA Chief Counsel Legal Interpretation 1989-22 (August 22, 1989) or poss. dated August 8, 1989 but they do not have a digital copy....
 
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