bart@ucbvax.UUCP (06/07/83)
The FAA, through a number of cases, has determined that "sharing" is interpretted as "pro rata" sharing (i.e., equal!). I had a long set of correspondances with John Yodice (AOPA's Washington Counsel) about this and he said the court rulings were very specific about this. The pilot must pay his/her EQUAL share. Definitely a bummer. Also, you have to be somewhat careful about how you "advertise" for sharing a flight. One case that was given as a legal and proper ex- ample was a student putting a note on a ride board for a flight home or vacation. (I've always considered "msgs" as a bulletin board.) The main point is "Am I doing something that is the proper domain of a Part 135 Operator?". As an open question, what do you do, when you take a bunch of friends flying, sightseeing, and maybe for dinner (they can pay for the dinner!), and they insist(!) that they had such a wonderful time thhat they want to pick up the tab. Do you look nervously around and mumble "oh, no! FAA will get me."? --bart miller u.c. berkeley bart@berkeley ucbvax!bart
grahamr@bronze.UUCP (06/08/83)
If the passengers insist on picking up the tab, my understanding is that the pilot paid his share and then they gave him a present. The flight was conducted under the assumption that he was going to pay. This analysis is not based on court rulings; part of the point is that no one will ever take a friend to court because he accepted a present.