I have been trying to make sense of the rules for air tour operators and am having a little trouble. Is it required for everyone to get approval from the FAA to do air tours within 25 miles of there departure point, or just people doing tours over national parks? How hard is it to get the approval?

Here is the pertinent regulation:
§ 91.147 Passenger carrying flights for compensation or hire.
Each Operator conducting passenger-carrying flights for compensation or hire must meet the following requirements unless all flights are conducted under §91.146.

(a) For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport.

(b) An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply for and receive a Letter of Authorization from the Flight Standards District Office nearest to its principal place of business.

(c) Each application for a Letter of Authorization must include the following information:

(1) Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does business;

(2) Principal business address and mailing address;

(3) Principal place of business (if different from business address);

(4) Name of person responsible for management of the business;

(5) Name of person responsible for aircraft maintenance;

(6) Type of aircraft, registration number(s), and make/model/series; and

(7) An Antidrug and Alcohol Misuse Prevention Program registration.

(d) The Operator must register and implement its drug and alcohol testing programs in accordance with part 120 of this chapter.

(e) The Operator must comply with the provisions of the Letter of Authorization received.

So, you have to get a Letter of Authorization from the FSDO, and the primary thing you need to fulfill the requirements is a drug and alcohol testing program. Lots of places provide those for all sorts of professinals, so it's usually not hard to get a "canned" program set up.

I have heard rumors lately, however, that it's taking a long time to get an LOA from some FSDOs.

Frankly, it may be easier to just get a CFI certificate, and give them all flight instruction in the form of a "Discovery Flight". Double check with your insurance carrier in either case. You're going to find out that your insurance rates are going to escalate more than slightly when you hold out for hire. Probably.

MTV

Mike while you are in the "rule" mode and talking tours, what would leading someone around with me in my plane and them following in their plane fall under?

There has been interest in seeing and landing on Ohio's hills. I am commercial, but do not have a CFI.

Thanks for the expertise,
jg

patrol guy wrote:Mike while you are in the "rule" mode and talking tours, what would leading someone around with me in my plane and them following in their plane fall under?

There has been interest in seeing and landing on Ohio's hills. I am commercial, but do not have a CFI.

Thanks for the expertise,
jg

I believe that is precisely what one well known off airport type is doing right now.

From the FAA point of view, I doubt they have a regulation which covers that, unless the FAA decided that you were giving flight instruction without a CFI. Don't laugh, there's at least one enforcement case where the cited a CFI who was in the back seat, determining that he was PIC, though he had no access to the controls....

From a liability standpoint, Id imagine they could come after you, but that's always the case. I'd talk to a lawyer about that. I don't think I'd worry too much about the FAA, but who knows?

MTV