uh1h430 wrote:
What 135 says in short is any airplane for hire is under 135 and a ride means just that.
For Hire can be conducted under part 91, 119, 125, 135, and 136. Warbird rides for hire can be conducted under part 91, 125, and 135. I've seen legal warbird for hire programs under all 3 categories of operations. Most operators choose to operate under Part 91 as their insurance won't let them fly more than 20 passengers. Under part 91, the specific portions are 91.146 and 91.147 (copied below).
Quote:
§ 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
(a) Definitions. For purposes of this section, the following definitions apply:
Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety.
(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 121, appendices I and J, of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:
(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;
(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;
(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a formation flight;
(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day VFR conditions;
(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;
(9) A private pilot acting as pilot in command has at least 500 hours of flight time;
(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and
(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.
(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.
(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.
(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is scheduled:
(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;
(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.
[Doc. No. FAA–1998–4521, 72 FR 6910, Feb. 13, 2007]
Quote:
§ 91.147 Passenger carrying flights for compensation or hire.
Each Operator conducting passenger-carrying flights for compensation or hire must meet the following requirements unless all flights are conducted under §91.146.
(a) For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport.
(b) An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply for and receive a Letter of Authorization from the Flight Standards District Office nearest to its principal place of business by September 11, 2007.
(c) Each application for a Letter of Authorization must include the following information:
(1) Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does business;
(2) Principal business address and mailing address;
(3) Principal place of business (if different from business address);
(4) Name of person responsible for management of the business;
(5) Name of person responsible for aircraft maintenance;
(6) Type of aircraft, registration number(s), and make/model/series; and
(7) An Antidrug and Alcohol Misuse Prevention Program registration.
(d) The Operator must register and implement its drug and alcohol testing programs in accordance with part 121, appendices I and J, of this chapter.
(e) The Operator must comply with the provisions of the Letter of Authorization received.
[Doc. No. FAA–1998–4521, 72 FR 6911, Feb. 13, 2007]