Non-Profit 135 Ques?

ppragman

FLIPY FLAPS!
Hey, out of curiosity (this one was posed to me today while I was drinking delicious pre-flying coffee) if a guy were to open a non-profit organization that provided air transport would they need a 135 certificate. I said yes, because it involved holding out, the other guy said no because it was not a business venture. Any input?

-pat
 
It depends, best answer that I give you. If they are accepting money for the transportation of goods and services I would say YES, but if they are doing it on their own then my guess would be no. How else would non-profit places like Angel Flight be able to operate.

When in doubt, call the FSDO, but since no one really cares it probably doesn't even matter. If they are not looking to make money than I would say not a problem. There is a place around St. Louis called Wings of Hope and they do a lot of transport flights and I KNOW that they do not have a 135 cert. One of the main sticking points is that you have to a 135 cert you must show financial stability. If it is a true non-profit org than that is not going to happen, but I would doubt check with someone more knowledgable about it. No they don't need one would be my guess.
 
If you're not acting as a commercial operator, then you don't need a commercial operator certificate (aka a 135 certificate). The definition of a commercial operator is basically anyone who makes money from flying an airplane (the full definition is in Part 1). Its a simple as that.
 
I have been told that if it profit by word of mouth than no 135 is needed but as soon as you start advertising you need the 135. I know of one operator that does this out of a c-310.
 
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