Expert: Colin Woehrle - 12/23/2007

Question
Colin,

I wanted to know if you could help me answer this question. I am a commercial multi-engine pilot. I have over 3,000 hours and have done Part 91 corporate and Part 135 on demand charter. I was recently approached by a company that owns two 400 series Cessnas. The airplanes are being flown under Part 91 and they wanted to know if they were to advertise a lease or rental for the airplanes if they could refer customers to me to pilot the airplane. The airplane would be rented or leased from the company owning the airplane and the client renting of leasing the aircraft would pay me directly for my pilot services. I am not sure if this is considered charter. The company supplying the airplane is not also supplying a pilot, which makes me believe this would be considered a part 91 operation and would be legal as long as two separate checks are written. Am I thinking and understanding the regulation correctly? I would appreciate any advice you have.

Thanks,

Zach

Answer
Hello Zach and Merry Christmas!

I am by no means an aviation attorney so you should seek professional council before proceeding with any arrangements.
That being said, I'm thinking that this walks a fine line between legal and illegal due to the fact that the company would be "referring" (i.e. advertising) your services to the customer. As a commercial pilot, you cannot advertise or "hold out" your services for compensation unless you are operating under a carrier certificate (i.e. common carrier or private carrier). Now if the customer happens to see you at the airport and learns you're a commercial pilot through talking with you, and then asks you to pilot the plane they have just rented, that would be legal, because you did not solicit to them. Take a look at this advisory circular: http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/65b5...

Your question might be answered best by your local FSDO.

Not sure what it takes to get your own operating certificate but that might be what it takes.

I hope this helps Zach.

Sincerely,

Colin