BoilerUP

§ 61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

floydbird

That is a perfect dry lease situation.

To be totally compliant with the FAA, if the leased aircraft is "large", a copy of the written lease must be submitted to the FAA in Oklahoma City. Then, at least 48 hours prior to the first (and only the first) operation of the aircraft under the lease, the lessee must notify the nearest FSDO. After that, just make sure another copy of the lease is on board the aircraft, and you should be all set. 91.23 has the details.

There is only one section on the written lease that is required to have some specific wording and placement for the FAA, but its detailed in the reg word for word, so it really isn't a big deal.

jelloy683

Here's my question. The plane is registered as belongs to a company called Ardent Aviation LLC (the owner created this LLC), but his main company, which he is the president of, is called Robotic Systems Inc. My question is, in order to make this a dry lease and a legit part 91 operation, would I have to be 'employed' by Ardent or Robotics?

whatthe6789

I think that they are saying it would be illegal to pay him by the flight hour, whereas if he's salaried and just flies whenever needed it would be ok?

floydbird

You would need to be employed by Robotic Systems.

floydbird

Not sure what is being referred to here.

A pilot getting paid to fly is not the determining factor whether a flight is 135 or not. A pilot can get paid by the hour, salary, contract-day rate, etc. with the operation being governed under Part 91.

BoilerUP

jelloy, the reason for the answer in post #25 is operational control...which the FAA got focused on after the pt.135 Challenger overrun at TEB back in 2005 and has subsequently expanded into the part 91 world. In the charter world its quite a bit clearer to make the distinction...but part 91, if a parent company has a subsidiary (especially an LLC) for the sole purpose of owning and operating an airplane, the parent has to employ the pilots in order for them to demonstrate operational control.

Here's a little light reading on the subject...

captjns

When in doubt... by have the owner buy a logbook and well.... you can guess the rest.

jelloy683

So would my situation be considered a Part 91 charter operation? I'm just trying to clear all the red tape incase the FAA comes a'knockin'. So I would be considered a pilot for Robotics Systems even though I fly a plane under Ardent Aviation..

floydbird

No it is a Part 91 operation only---nothing "charter" about it.

When Ardent leases the airplane to Robotics, Robotics becomes the operator even though the airplane is owned by Ardent--at this point, the fact that Ardent OWNS the airplane is mostly inconsequential---Robotics is the operator and has control. In return to giving up control, Ardent gets paid.

As the operator, Robotics assumes responsibility for the aircraft...You as the pilot NEED to work for/answer to/be subject to the control of Robotics, since Robotics is operating the airplane. If the arrangement were to ever come under scrutiny, you would need to show that 1) you answer to Robotics--this is accomplished by being a Robotics employee, or having a pilot agent services agreement with Robotics, and 2) show that the airplane has been leased by the owner (Ardent) to a lessee (Robotics); this is accomplished by having a written lease (if the aircraft is large) submitting the lease to the FAA, notifying the nearest FSDO prior to the first operation under the lease, and having a copy of the lease on board the aircraft.

If you take these steps, there is no problem w/ the FAA; you will have covered all the bases.