FAA Grounds Attempts At Ride Sharing For Amateur Pilots
from the because-that's-what-the-FAA-does dept
Hot off of doing its best to kill off any commercial use of drones, the FAA is now looking to ground some attempts at building ride sharing for amateur pilots. While plenty of people are referring to AirPooler as an "Uber for airplanes," it's not really like that. Here, the idea is that if you're a pilot flying somewhere, you can post your plans and if someone was looking to travel that route, they can hop on board and pay some of the fuel costs. The end result basically benefits everyone. The pilot has lower costs, the traveler gets a cheap flight and everyone's better off. This kind of thing happened informally all the time in the past, usually by word of mouth and bulletin boards. Airpooler is just formalizing the process.But the FAA... doesn't like it. It claims that any offsetting of the pilots costs makes it a commercial endeavor and that violates the FAA's rules on private (non-commercial) pilots.
Private pilots as a general rule may not act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire nor, for compensation or hire, may they acts as pilot in command of an aircraft.Now, there is an exception to that rule if the passengers are paying a pro rata share of the expenses of the flight. So this shouldn't be a problem, right? Wrong. The reasoning here is about as opaque as a foggy morning in San Francisco. The FAA repeats that there's an exception for expense sharing, but then argues that AirPooler can't rely on this exception.
As such, although § 61.113(c) contains an expense-sharing exception to the general prohibition against private pilots acting as pilot in command for compensation or hire, a private pilot may not rely on that narrow exception to avoid the compensation component of common carriage. For this reason, the FAA has required a private pilot to have a common purpose with his or her passengers and must have his or her own reason for travelling to the destination.Got it? I've read it over half a dozen times and I'm still confused. There's an exception that says that a passenger can pay their share of the expenses and it doesn't make it a commercial flight, but... that doesn't apply here because it's compensation, as clearly determined by the fact that there's an exception for this kind of compensation. Say what?
Likewise, although airline transport pilots and commercial pilots may as as pilot in command on an aircraft carrying passengers for compensation or hire, they may not conduct a commercial operation involving common carriage without obtaining a part 119 certificate. You have urged that the test for compensation in commercial operations is "the major enterprise for profit" test set forth in the definition of commercial operator. Specifically, you state that a pilot would not be engaged in a major enterprise for profit "if accepting only the cost reimbursements allowed under § 61.113."
Based on the fact that the FAA views expense-sharing as compensation for which an exception is necessary for private pilots, the issue of compensation is not in doubt.
Therefore, the "major enterprise for profit" test in § 1.1 is wholly inapplicable. Accordingly, we conclude that, with regard to pilots using the AirPooler website, all four elements of common carriage are present. By posting specific flights to the AirPooler website, a pilot participating in the AirPooler serve would be holding out to transport persons or property from place to place for compensation or hire. Although the pilots participating in the AirPooler website have chosen the destination, they are holding out to the public to transport passengers for compensation in the form of a reduction of the operating expenses they would have paid for the flight. This position is fully consistent with prior legal interpretations related to other nationwide initiatives involving expense-sharing flights.
AirPooler apparently plans to ask the FAA "to elaborate" though the FAA's historical approach to almost any innovation seems to be "well, let's wait and not really make a decision for as long as is humanly possible." End result: significantly less innovation, not just from the likes of AirPooler, but all of the entrepreneurs who won't even try to build startups in the space.
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Filed Under: faa, flights, pilots, ride sharing
Companies: airpooler
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What were these folks thinking?
Heck, even the appearance of commercial use is forbidden--see a pilot colleague I knew who rented a car and drove from Boston to Atlantic City International Airport to work on some software (at the airport!), because his company could reimburse him for the car rental but not for a plane rental.
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My examiner
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Re: My examiner
How does one quantify "friends"?
People have thousands of social media friends these days.
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Re: Re: My examiner
Your friend says "hey I'd like to fly with you wherever your going, think it would be fun"
This is for enjoyment, couple friends splitting the cost of their "entertainment"
Vs the pilot advertising "I am flying from x to y you can come along for $50"
This is for commercial gain, the pilot simply wanted to save money in his pocket.
If you are flying there anyway, you likely would not ask your friend to split the cost anyway.
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Re: Re: Re: My examiner
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Re: My examiner
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FAA Regs
Think about it, as a private pilot, the required skill level is less, the level of recent flights is less, the required equipment in the plane less.
If as private pilot you want to go up and kill yourself, or maybe a close friend, fine. Kill an unsuspecting member of the public, no.
The other thing your are missing in the regs, a common purpose is needed. If my reason to go from A to B is see a family member, then someone else going to B better want to see that same family member.
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Re: FAA Regs
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Hasn't someone said this yet ?
More seriously the safety aspects of this are far more than how Uber operate - so I see the problem, but its still not something you just go "NO" to. A decent conversation/negotiation needs happen (and perhaps should have happened first?) about how it should operate .
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There is a conversation
If you want to be a hobbyist who flies on weekends, its expensive, Yes you can ask your friends for gas money, but thats it.
The FAA is so ass backwards that if they attempt to exploit the loophole, you're more likely to get the hole closed. Sure, in 10 years they might add a new small plane category but like anything the FAA does, it will take years and meetings.
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Agree with FAA
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Just wait...
You think the FAA is being a bitch about it - the DEA is gonna be all over this!
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Re: Just wait...
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No problemo here
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Re: No problemo here
Lots of people post where they want to go from/to.
Match them up with commercial airplane.
Cabbies, Uber drivers and pilots can all be crazy wacko serial killers so that's the same everywhere.
When the cabbies or Uber drivers car breaks down or their driving skills suck it is unlikely to end in death.
People are usually dead when airplanes crash, this is what sets airplanes in a different class than Uber.
I do envision a day where we have self flying airplanes that are very reliable and safe. When that day arrives we should allow Uber type services for those aircraft.
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Re: Re: No problemo here
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Re: Re: No problemo here
I do envision a day where we have self flying airplanes that are very reliable and safe.
We have that now, they're just extremely expensive.
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Cars don't fall from the sky, airplanes do
A poorly maintained aircraft, worst case you crash and MAYBE you live.
I am currently building an ultralight airplane, the FAA rules prohibit the airplane from having the ability to take up a passenger. The passenger may not truly understand the risks, the FAA rules protect them.
Same thing here, John Q Public knows that the commercial airline industry is highly regulated and safe. Private pilots, sport pilots have far less regulation and oversight, the risks are higher and the average Joe truly has no idea.
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Anything any risk in the name of innovation
Yes, it's wonderfully innovative (in some odd way) to offer seats on private planes for profit. However, since the requirements to fly solo are very small (hours in a class, and about a dozen flight hours total) the risks related are high.
Private pilots, unless instrument rated, are unable to fly after dark in cloudy conditions, and pretty much any other time than a fine sunny day. You can bet that for a paycheck, less experienced pilots may choose to fly when conditions are less than optimal to make their money.
Customers could also get cranky if the pilot doesn't want to go, leading the pilot into making a poor safety choice.
If this is innovation, then perhaps we need to stand still instead. This advances nothing except risk and the potential for huge lawsuits.
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Re: Anything any risk in the name of innovation
Read comprehension fail.
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Re: Re: Anything any risk in the name of innovation
Oh, but we can't let people evaluate risk all on their own. Somebody might get hurt.
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Re: Anything any risk in the name of innovation
Not profit, cost sharing. Learn to read.
"However, since the requirements to fly solo are very small (hours in a class, and about a dozen flight hours total) the risks related are high."
And if that's the pilot you choose to fly with, good luck to you. Or you could choose to fly with an experienced pilot.
"Private pilots, unless instrument rated, are unable to fly after dark in cloudy conditions, and pretty much any other time than a fine sunny day. You can bet that for a paycheck, less experienced pilots may choose to fly when conditions are less than optimal to make their money."
Again, where's all this paycheck coming from? The passenger is sharing the cost, not covering all costs plus a profit.
"Customers could also get cranky if the pilot doesn't want to go, leading the pilot into making a poor safety choice."
And yet we allow carpooling. Oh the insanity...
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Re:
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Lesson one
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Nothing new, but it probably SHOULD BE!
What does this mean for people everywhere? It means if there's a plane out there going exactly where you want to go with room, you can't get on it. You have to go buy a ticket from the airlines, go through TSA Security-Theater, and not get on the small plane.
What does this mean for PPLs everywhere? It means they have to fly with an otherwise empty aircraft, no company, nobody to share in the expenses, on a flight they are taking anyway.
MONEY and TIME and FUEL are wasted due to this regulation.
I understand the reasoning, and it is consistent with nearly 40 years of thinking. Perhaps it's time the FAA worked not to batten down the hatches on its 40-year old thinking, and took a step to improving the lives of people in its domain.
A change to the regulations permitting this would be in the right direction. I understand the reason for the requirements of e.g. FARS Parts 119 and Part 135. I also understand that if I can sign a disclaimer to "ride this ride if you're this tall" someone can do so to come ride with me and share the expense even if we have no common goal.
E
Commercial Pilot - Rotorcraft
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Re: Nothing new, but it probably SHOULD BE!
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Re: Re: Nothing new, but it probably SHOULD BE!
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Re: Nothing new, but it probably SHOULD BE!
This has always seemed like one of the most murky areas of the regulations. (Right up there with how to log PIC time...) It seems like it should be simple, but it sure never lends itself to a quick description.
I've always used an out-of-state wedding as a good example. If I'm going to the wedding, and some friends are going to the wedding, I can fly us there and we can share the fuel costs. The flight is "incidental" to the real purpose of the trip---the wedding---since we'd all be going anyway by some other means. But if I'm flying to a convention and my friends are going to a wedding, we can't share the costs, even though we all happen to be going to the same city.
It might not be entirely fair, efficient, or whatever, but like it or not those are the rules, and they're covered pretty clearly in your training.
On an unrelated note, I wish that a different word was chosen in the headline instead of "amateur". I understand the intent (I assume) of distinguishing a "professional" pilot who flies for a living from a pilot who does not, but "amateur" has additional (negative) connotations as well. "Private pilot" is generally the proper term when the distinction is necessary.
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Re: Re: Nothing new, but it probably SHOULD BE!
This is an interesting comment, as it highlights what is certainly a cultural difference between us. In my world, "amateur" doesn't have any negative connotations. In fact, it has positive ones. Amateurs do some of the best, and most of the really innovative, work that is done.
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These idiots decided to make a commercial enterprise out of it, waving it under the FAA and Airline's noses. What did they expect? They do, or certainly should know the FAA regs concerning commercial operations. They should have limited it to word-of-mouth, doing favors for fellow pilots, and not blow it all over the world. DUMB!
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So when is expense-sharing actually considered expense-sharing by the FAA? When they don't know about it because you didn't solicit it in front of them? Or just as long as it isn't done "on the internet"?
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Travel cost
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