Welcome Guest. Sign in or Signup

2 Answers

PPT Pleasure Flight & Shooting Video

Asked by: 3337 views , ,
FAA Regulations, General Aviation

I have been unable to locate in Part 61 or 91 clarification around a private pilot rated pleasure flight that during the flight a passenger shoots some video which is later used for a business purpose. Shooting video is not the focus of the flight. Could someone comment about the flight and FARs? Thank you.

Ace Any FAA Written Test!
Actual FAA Questions / Free Lifetime Updates
The best explanations in the business
Fast, efficient study.
Pass Your Checkride With Confidence!
FAA Practical Test prep that reflects actual checkrides.
Any checkride: Airplane, Helicopter, Glider, etc.
Written and maintained by actual pilot examiners and master CFIs.
The World's Most Trusted eLogbook
Be Organized, Current, Professional, and Safe.
Highly customizable - for student pilots through pros.
Free Transition Service for users of other eLogs.
Our sincere thanks to pilots such as yourself who support AskACFI while helping themselves by using the awesome PC, Mac, iPhone/iPad, and Android aviation apps of our sponsors.

2 Answers



  1. John D. Collins on Jun 17, 2013

    The regulation is 61.113 quoted below in part:

    Sec. 61.113

    Private pilot privileges and limitations: Pilot in command.

    (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
    (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:
    (1) The flight is only incidental to that business or employment; and
    (2) The aircraft does not carry passengers or property for compensation or hire.
    (c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.

    There are several FAA General Counsel opinions regarding what constitutes compensation and a related topic of holding out. Holding out is when you offer to provide piloting services for hire or compensation. A private pilot is permitted to share a pro rata of expenses if the flight has a common purpose, for example you and a friend are both going to the same football game. But you may not post on a website that you will provide a flight to anyone that will share expenses with you. The FAA interprets what it considers to be compensation very liberally, including free flight time.

    A search on the FAA General Counsel website for opinions on 61.113 yields 27 different opinions. I suggest you read thru them. See http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/?year=all&q=61.113&bSubmit=Search

    0 Votes Thumb up 0 Votes Thumb down 0 Votes



  2. Mark Kolber on Jun 17, 2013

    It’s clear that, as a private pilot, you may not act as a compensated platform for a aerial photography business (not even if you are the photographer). And, as John pointed out, the FAA’s view of what is considered to be “compensation” is pretty broad – mostly for the purpose of getting at activity that look, smells and quacks like the duck of business activity.

    OTOH, if you and a buddy go flying, the buddy takes some photographs and, when back home, he looks at them and goes, “hey! That’s the best photo I ever took! I wonder if it would sell?” and gives it a successful shot, the chances are likely that there’s no foul.

    But between the friend with the accidental sale and a formal photo business photographer you are going to fly, there’s a lot of situation-specific “quacks-like-a-duck” analysis.

    So I guess the question to consider from your end is what is the arrangement? Who is the photographer? Was there a planned use for the video and what was it? And, what do you, the pilot, get out of it?

    0 Votes Thumb up 0 Votes Thumb down 0 Votes


The following terms have been auto-detected the question above and any answers or discussion provided. Click on a term to see its definition from the Dauntless Aviation JargonBuster Glossary.

Answer Question

Our sincere thanks to all who contribute constructively to this forum in answering flight training questions. If you are a flight instructor or represent a flight school / FBO offering flight instruction, you are welcome to include links to your site and related contact information as it pertains to offering local flight instruction in a specific geographic area. Additionally, direct links to FAA and related official government sources of information are welcome. However we thank you for your understanding that links to other sites or text that may be construed as explicit or implicit advertising of other business, sites, or goods/services are not permitted even if such links nominally are relevant to the question asked.