johnfurey

Well Known Member
Over the years I had donated many rides to charity fund raisers. It is my understanding that it is not permitted to do so with experimental aircraft if money is being exchanged even though the pilot is not being compensated. Can anyone tell me if it would be permitted to provide a plane ride just for signing up for a free raffel with no money involved in any way. Any clarification is appreciated.
 
Over the years I had donated many rides to charity fund raisers. It is my understanding that it is not permitted to do so with experimental aircraft if money is being exchanged even though the pilot is not being compensated. Can anyone tell me if it would be permitted to provide a plane ride just for signing up for a free raffel with no money involved in any way. Any clarification is appreciated.

The FAR's say the aircraft must hold a standard airworthiness certificate. Experimentals hold at special airworthiness certificate, so I don't think money is the issue.

Far:

?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 120 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.

[Doc. No. FAA-1998-4521, 72 FR 6910, Feb. 13, 2007, as amended by Amdt. 91-308, 74 FR 32804, July 9, 2009]
 
Over the years I had donated many rides to charity fund raisers. It is my understanding that it is not permitted to do so with experimental aircraft if money is being exchanged even though the pilot is not being compensated. Can anyone tell me if it would be permitted to provide a plane ride just for signing up for a free raffel with no money involved in any way. Any clarification is appreciated.

How can there be no money involved in any way, if it is a fund raiser?
If people who donate get entered into the "free" raffle, it really wasn't free. The intent of the law is pretty clear.
 
From reading the above, you need a standard airworthiness certificate, so you can't do it in an experimental, no matter what?

Regarding involvement of money, another thing to keep in mind is if you get receipts for your donation, which you can then claim for a tax deduction. I'm pretty sure there's a tax judge somewhere that would consider this a financial incentive for the pilot ... not sure if it applies in this case though.

The one yearly event I fly charitably for, I get to claim my direct costs (as defined under 7) above), and then get a receipt for it that I use at tax time. This is in Canada mind you, but the principle would presumably be similar int he US?
 
A few years back I checked with the Charlotte FSDO about giving rides under similar conditions.

Basically I was told, "No, not under any circumstances."

But this is the same FSDO that tried to bust a friend who gave an occasional sightseeing ride. Not as a business, per say, but did jump through the hoops to give people low cost rides in his 172.

For his mechanic, he used a guy who worked at a major airline and got permission from the airline and the pilot to use the airline's drug test certificate to cover the mechanic.

Then some JERK at the FAA realized that he was running a part 135 operation and HE wasn't paying for the drug tests. The FAA JERK told him to bring his paperwork to the FSDO the next week and that he was going to "bust him". The only way for my friend was to turn in his commercial license before that meeting, which he did. Now there is one less option for people who want to go sightseeing around Charlotte.

Way to go FAA, you made the world safer by grounding one more plane that gave four sight seeing rides a year.

(Sorry, this still upsets me every time I think about it.)