Backcountry Pilot • Iditarod Airforce under fire from FAA

Iditarod Airforce under fire from FAA

Discuss the legality of flying the backcountry, FARs, advocacy, and aviation relevant legislation. Registered users only.
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kevbert,

Here's the citation from 91.146 regarding flights for non profits, with highlights added:

§ 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
(a) Definitions. For purposes of this section, the following definitions apply:

Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).

Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.

Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety.

(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 121, appendices I and J, of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:

(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;

(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;

(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;

(4) The flight is not an aerobatic or a formation flight;

(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;

(6) Each flight is made during day VFR conditions;

(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;

(9) A private pilot acting as pilot in command has at least 500 hours of flight time;

(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and

(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.

(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.

(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.

(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.

(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is scheduled:

(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;

(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and

(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.

And, here's the full text of 61.113:

§ 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 a charitable, nonprofit, or community event flight described in §91.146, if the sponsor and pilot comply with the requirements of §91.146.

(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 §61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle.

It seems to me that there's no way the Iditarod could be run in less than four days....

MTV
mtv offline
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mtv wrote:kevbert,

Here's the citation from 91.146 regarding flights for non profits, with highlights added:

...


91.146??? That's not in my 2007 FAR/AIM! Doh!! :oops: You've got me there. Thank you for your diligence.

Hmmm... I guess I'll go be quiet now while I update my FARs! :lol:
kevbert offline
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Does anyone know the definition of "pro-rata" as the FAA sees it?
Tick offline
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Tick wrote:Does anyone know the definition of "pro-rata" as the FAA sees it?


Legally, it means an exactly calculated proportion.

Every pilot I know assumes that it means to divide the costs by the number of people, but that is only one example of pro rata. I always figured that if I was carrying a really fat guy along then I should allocate the costs according to weight!
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Tick wrote:Does anyone know the definition of "pro-rata" as the FAA sees it?


I'd be curious also.

When I took my check ride a couple years back the DPE told me to remember I cannot accept more than pro-rata share from my friends. However, he went on to say no regulation stops me from accepting a "tip" from my friends.
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kevbert,

Actually, what most PILOTS purchase as "FAR/AIM" actually only includes a fairly small portion of the regulations, ie: those that pertain directly to certificates and ratings, and general operations. But, there are a LOT of other sections of the regulations as well, with more specific focus.

You can find a current, and complete version of the regulations at:

http://ecfr.gpoaccess.gov/cgi/t/text/te ... tab_02.tpl

Enjoy 8)

MTV
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I don't even bother buying hard copies of FAR/AIM anymore. Both the updated CFR14 and the AIM are available free online, like MTV said.

I always have internet access anyway.
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