"Common Carriage"

Ian J said:
Seeing that you disagree with him, what do YOU think I should do?
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My question is who's the one that got checked out by the FBO to rent the aircraft? The LOI states that "...and the pilot has no part in the renting of the aircraft". Well, if he got checked out to rent the airplane, how can he not have any part in the renting of the airplane? And then we have that infamous phrase, "operational control". The only reference to operational control I can find in the FARs is in Part 121 and 135; those that apply to air carriers.
 
TFaudree_ERAU said:
And then we have that infamous phrase, "operational control". The only reference to operational control I can find in the FARs is in Part 121 and 135; those that apply to air carriers.
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From another letter:


With respect to the second question, we assume that when the word "control" is used that you mean "operational control" as defined in Part 1 of 14 CFR. In Section 1.1 that definition is as follows:

"Operational control, with respect to a flight means the exercise of authority over initiating, conducting or terminating a flight."

The key words in this definition are "exercise of authority." Those words and the entire definition mean that the person having operational control must be responsible for and, in fact, exercise the operational expertise required to operate an aircraft. If the owner employs (in the sense of employer/employee) the pilot obtained from the Part 135 operator for the flight or flights in question, that is an indication that the owner has operational control. However, please be advised that the determination of operational control is based upon a number of factors. Payment to the pilot is merely one factor to be considered, but if the Part 135 operator pays the pilot for the flight or flights, that is a factor which tends to support a finding of operational control in the Part 135 operator. If the agency is satisfied that operational control is exercised by the owner of the aircraft, then the operation is subject to Part 91. As stated earlier, there are a number of factors to be considered in a determination of operational control.
 
Ian J said:
Okay.

Wasn't asking for a decision, just an opinion.

Have a good evening.
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Personally, I think there are too many maybes for my taste. The first LOI that tgrayson posted has a few holes in it, in my opinion, because of lack of information given by the questioner to the FAA. I regard this situation just like my previous FAR discussion on flight into known icing. It probably won't kill ya and ya probably won't get busted for it, but its not a chance I'm willing to take, simply for the fact that there IS a chance of enforcement action.
 
in the long run, none of us will do this... its just for passing the oreal if its asked by FAA :p
 
taseal said:
in the long run, none of us will do this... its just for passing the oral if its asked by FAA
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Actually, assuming you become an instructor, you will probably get confronted with this decision many times. Lots of people walk into the flight school, asking to be taken somewhere. I've turned down such requests, and even have refused to "find somebody" for the person, because of the possible blurring of the operational control issues. My view that if this route is taken, the person who's renting is 100% responsible for finding someone to fly for them. Our school, in the past, has attempted to distance itself from the operation by merely providing a list of instructors, which I'm skeptical is adequate.
 
Ian J said:
I don't know. That's why I'm asking. ;)

If you were me what would you do?
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I would talk to the flight school or FBO from which the aircraft would be rented, explain the situation, and see if they would allow your friend to rent the airplane from them and he hires you to fly it. If they would not allow that than I would not do the flight.

I'm sure they get situations like this all the time.
 
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