AboutColin Woehrle Expertise Answer questions regarding FARs, VFR and IFR flight operations, the national
airspace system (NAS), communications with ATC, physiology, etc. I answer sincere questions
for aviation enthusiasts and flight students. If I can`t answer your question, I`ll try
my best to point you in the right direction.
(I do not answer questions asking how much it costs to fly from one place to another).
Experience Pilot for a leading west-coast regional airline. Ratings and certificates include: Flight Instructor (CFI, CFII), Commercial Pilot, Instrument, Single Engine Land/Multi-engine Land Airplane
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.
