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What part does this fall under?


KFH
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Not enough information is provided.

 

If the pilot flies for the owner and no persons or property are carried for hire, then the flight may be operated under Part 91 only.

 

Part 119 and 135 take claim when persons or property are carried for hire, or if tranport or carriage is held-out. For example, if the owner begins advertising rides from A to B and holding out to the public, whether he takes compensation for the ride or not, it's entering into a 135 domain. If the owner takes pay for the trip or the flight, it's entering into 135 domain. If property is carried for hire, it's 135 domain.

 

As a commercially certificated pilot, you may be compensated for flying the owners airplane or helicopter with the owner and guests. The owner cannot transport persons or property for compensation or hire, or hold out to the public for the transport, whether or not hire or compensation is involved.

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Yeah, the short answer is that if the owner is charging someone else for the flight, he needs a Part 135 certificate. However, not all flights that end up being charged will be Part 135. For instance, a positioning flight from base to a place where the customer will be picked up is a Part 91 positioning flight. It doesn't become Part 135 until the passengers, cargo, or both are on board. It can be a little tricky, and most operators just consider the entire sequence to be Part 135. But if there is an accident on the way to pick up the passengers, it will be listed as a Part 91 flight, and won't show up in Part 135 statistics. You can see lots of those on the NTSB accident site.

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