Cary wrote:Contrary to popular belief, getting one's commercial certificate does not make one a commercial pilot, i.e., being able to charge for your services as a pilot. As you'll see if you read some of the Counsel's opinion's, to avoid the illegal charter issue you must either limit your operations to the 25 mile radius sight seeing without landing, or jump through the hoops to create a Part 135 operation. That requires a lot of things, not the least of which is that each of the pilots must have a commercial certificate and an IR (although can't file and fly in IMC in a SE without additional hoops) and pass a Part 135 checkride every 6 months (known colloquially as an ATCO ride--Air Taxi & Commercial Operator). Without jumping through all those hoops, you're still exercising the privileges of a private pilot as far as the FAA is concerned, regardless whether you have a commercial or ATP, which means that you're able to split the costs among the passengers if you all have a common purpose for the trip, with the pilot's share not being less than the allowable expenses divided by the total filled seats.
Cary
And even that's only part of the requirements. You need a certificate to hold out for hire...as noted, a 135 or? Doing the within 25 NMR point to return point sight seeing tours?? That requires a letter of authorization from the FAA (and about a ten month wait In many districts) and an approved drug testing program.
There are exemptions...see FAR 119. For air tours in FAI, I simply gave them an "introductory flying lesson" as a CFI. My insurance covered that, and no operating certificate required for insructing.
There's more to operating commercially than many realize......I too would rather just take someone for a ride and call it good.
MTV