So I am considering moving back to my home state of Michigan after I complete my military career next year. I have a Cessna 150 and am working towards my instrument/com/CFI.

Apparently Michigan law prevents and prohibits ANY form of "Flight Instruction" or advertising of Flight Instruction or Flight lessons UNLESS you are a registered flight school, which requires a long list of requirements, including to operate from a state airport, office space and airport operating agreement...etc

WTF....over. I was thinking about giving instruction in my plane and advertising using craigslist and social media pages. I do believe If it were me and my plane that I would be subject to being shut down by the state, even if I were taking on a few students.

Any of you guys care to share experience or wisdom related to something like this?


AERONAUTICS CODE OF THE STATE OF MICHIGAN (EXCERPT)
Act 327 of 1945


259.4 Definitions; F, G.


Sec. 4.

As used in this act:

(a) “Flight instructor” means any person who possesses a valid flight instructor certificate or other airman certificate issued by the federal aviation administration authorizing that individual to instruct in aircraft.

(b) “Flight school” means any person providing or offering to provide flight training leading to pilot or flight instructor certification, for hire or compensation, and engaged in any of the following:

(i) Advertising or calling oneself a flight school or anything equivalent to a flight school.

(ii) Hiring, contracting, or otherwise using 1 or more flight instructors in an endeavor described in this section.

Big edit: I glossed over the definitions you provided...

Lots of people in MI fly, I don’t think it’s likely that they all receive BFRs or initial instruction from an accredited flight school.

Is there a definition somewhere else that gets around this?

I got the instruction needed for my Comm ASEL upgrade (downgrade? That’s another story involving the FSDO and Military Competency interpretations.) from a local CFI not directly affiliated with a flight school.

Perhaps the key is in that word school? Don't call yourself a fight school , hold yourself out as a flight instructor for hire?

I suppose you could call a few flight instructors in other parts of the state and see how they do it and of course as a last resort you can make the dreaded call to the state.
Actually you might be best off to do that first. Just leave your name out of it if you can.

lownslow79 wrote:So I am considering moving back to my home state of Michigan after I complete my military career next year. I have a Cessna 150 and am working towards my instrument/com/CFI.

Apparently Michigan law prevents and prohibits ANY form of "Flight Instruction" or advertising of Flight Instruction or Flight lessons UNLESS you are a registered flight school, which requires a long list of requirements, including to operate from a state airport, office space and airport operating agreement...etc

WTF....over. I was thinking about giving instruction in my plane and advertising using craigslist and social media pages. I do believe If it were me and my plane that I would be subject to being shut down by the state, even if I were taking on a few students.

Any of you guys care to share experience or wisdom related to something like this?


AERONAUTICS CODE OF THE STATE OF MICHIGAN (EXCERPT)
Act 327 of 1945


259.4 Definitions; F, G.


Sec. 4.

As used in this act:

(a) “Flight instructor” means any person who possesses a valid flight instructor certificate or other airman certificate issued by the federal aviation administration authorizing that individual to instruct in aircraft.

(b) “Flight school” means any person providing or offering to provide flight training leading to pilot or flight instructor certification, for hire or compensation, and engaged in any of the following:

(i) Advertising or calling oneself a flight school or anything equivalent to a flight school.

(ii) Hiring, contracting, or otherwise using 1 or more flight instructors in an endeavor described in this section.

That last bit says hiring, using, etc a flight instructor..... To me that’s talking about “I’m going to start an operation, hire a guy to instruct for hire”. Etc.

So unless there’s another bit to those statutes, I don’t think it applies to an “independant” flight instructor.

Maybe.

MTV

And is the key word in the Flight School definition IMO. As long as it’s just you and your 150 I’d think you’d be ok, keep digging though. Having a fat liability policy also eases the minds of airport managers, and they’re not terribly expensive.

Also look into the guarantees that airports have to abide by if they accept federal subsidies, which practically every public owned airport does. Long story short, an airport can’t restrict reasonable use of the airport by way of local codes and ordinances that are deemed excessive. Having a good conversation with the airport manager goes a long way, just have supporting documents for your case.

What MTV said and we had a civil war that confirmed federal supremacy. Federal certification is applicable in all fifty states. 10th Amendment says, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Through Article I, Congress has established the FAA and empowered said agency to certify pilots, flight instructors, mechanics and such. That certification cannot be denied by a state unless Congress changes the law that now establishes federal supremacy over us.

If the FAA says you can instruct, advertise, etc and the state says you can't, the Supreme Court will say you can. I hope you don't have to go that far. Rather than get the state involved, I would (I did) just instruct and advertise.

States regulate the application of restricted use herbicides and pesticides, but the FAA issues Agricultural Operations Certification and Air Taxi Certification. I got those in an hour each with the General Aviation District Office. It takes much longer now, but I have faith in the Constitution. State and/or city encroachment, like the ripping up of Meigs Field in Chicago, is unusual and illegal and usually doesn't go well.

The FAA often relinquishes control of airports, but I don't expect they will relinquish control of the certification of pilots and mechanics.