91 vs 135 scenario time

OldTownPilot

Well-Known Member
Pilot A owns an airplane, he is a commercial certificate.

Pilot A leases airplane to company Z. The agreement states that Z pays for the insurance for commercial ops, and can hire any pilot that they choose that fulfills the insurance agreement.

Company Z hires Pilot A to fly Company Z employees in the airplane that he owns but leases to Company Z.

Obviously having Pilot B fly the airplane would be part 91. Does the fact that the company hires the owner of the airplane make it illegal under part 91?
 
Without knowing full details of the legal arrangements (S corp, LLC etc), I don't know exactly, but the FAA registration is not under the pilots name.

But he refers to the airplane as "his airplane" and people know that "he owns" it, so I take it that he owns the LLC or whatever that owns the airplane.
 
No. It's all pt. 91 pilot services because you said only company Z's employees are being transported and not paying passangers or 3rd party property. The Faa doesn't care if the pilot has an interest the A/C or not, company Z is the lease holder and it is their private flight department.

Imagine all of the small companies out there that are owned by pilots who use their aircraft for business. What happens when they put an employee on board? Nothing... still pt. 91.
 
True. As long as the lessee can prove operational control, then the operation falls under Part 91.
According to FAR Part 1: ""Operational control, with respect to a flight, means the exercise of authority over initiating, conducting, or terminating a flight."
 
Yeah.

Our company is set up in somewhat the same manner.

Aircraft registered to "Airplane, LLC"
Aircraft leased to two different corporations
Pilots employed and paid by "Pilots, LLC"
Pilots from "Pilots, LLC" contracted by corporation to fly aircraft leased to them by "Airplane, LLC"

On the surface, it may appear that we're 134 1/2, but all the leases and service agreements are in order to make it strictly 91.
 
Yeah.

Our company is set up in somewhat the same manner.

Aircraft registered to "Airplane, LLC"
Aircraft leased to two different corporations
Pilots employed and paid by "Pilots, LLC"
Pilots from "Pilots, LLC" contracted by corporation to fly aircraft leased to them by "Airplane, LLC"

On the surface, it may appear that we're 134 1/2, but all the leases and service agreements are in order to make it strictly 91.
I was going to ask you about this tonight.
 
Same as how we run our airplanes out here in Moscow. All strictly Part 91. It's a proven model when it comes to airplane ownership/leasing and small flight departments.
 
Yeah.

Our company is set up in somewhat the same manner.

Aircraft registered to "Airplane, LLC"
Aircraft leased to two different corporations
Pilots employed and paid by "Pilots, LLC"
Pilots from "Pilots, LLC" contracted by corporation to fly aircraft leased to them by "Airplane, LLC"

On the surface, it may appear that we're 134 1/2, but all the leases and service agreements are in order to make it strictly 91.
Do you need to carry a copy of the leases on board for this arrangement?

-mini
 
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