Pietenpol-List: Re: Flight Instruction in experimental aircraft.
Posted: Tue Sep 14, 1999 7:36 am
Original Posted By: mbell1(at)columbiaenergygroup.com
It is within the "legal" bounds of the FAR's to pay a flight instructor for flight instruction received in a privately owned aircraft -- regardless of the type certification, ownership or use. The question is whether or not the AIRCRAFT is being used for "compensation or hire." In the case being discussed, the aircraft IS NOT used for "compensation or hire," the instructor is. As defined in Part 1 of the FAR's, "the test for 'compensation or hire,' is whether the carriage by air is merely incidental to the person's other business or is, in itself, a major enterprise for profit." For the purposes of flight instruction, the use of a privately owned experimental category aircraft is incidental to the flight instruction given. Secondly, the owner of the aircraft is not receiving compensation for the operation of his/her aircraft, the flight instructor is receiving the compensation. Last, anyone who has engaged in building an Air Camper will admit that it is a major enterprise -- for profit?? Certainly not monetary!________________________________________________________________________________
It is within the "legal" bounds of the FAR's to pay a flight instructor for flight instruction received in a privately owned aircraft -- regardless of the type certification, ownership or use. The question is whether or not the AIRCRAFT is being used for "compensation or hire." In the case being discussed, the aircraft IS NOT used for "compensation or hire," the instructor is. As defined in Part 1 of the FAR's, "the test for 'compensation or hire,' is whether the carriage by air is merely incidental to the person's other business or is, in itself, a major enterprise for profit." For the purposes of flight instruction, the use of a privately owned experimental category aircraft is incidental to the flight instruction given. Secondly, the owner of the aircraft is not receiving compensation for the operation of his/her aircraft, the flight instructor is receiving the compensation. Last, anyone who has engaged in building an Air Camper will admit that it is a major enterprise -- for profit?? Certainly not monetary!________________________________________________________________________________