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3 Answers

When is flight instruction “operation for hire”

Asked by: 5596 views FAA Regulations

I own a private plane, that I am using to work on my pilot's license.  My flight instructor raised the possibility that when HE teaches me in MY own airplane, that might be considered "operation for hire" and require me to have a 100 inspection and follow all of the maintenance requirements of aircraft operated for hire.  Is that true?

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3 Answers

  1. Matthew Waugh on Apr 02, 2011

    Find a flight instructor who has a passing familiarity with the regulations and you’ll be a lot more satisifed with the training outcome.
    It is not an “operation for hire”, and you do not need a 100hr inspection. 14 CFR 91.409 (b) is your guide. It will tell you WHEN you need a 100 hour inspection, and you do not meet any of those requirements when receiving instruction in a plane that YOU provide from a flight instructor that YOU hire.

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  2. Nathan Parker on Apr 02, 2011

    No.  It’s not flight instruction for hire unless the flight instructor is providing the airplane:
    February 14, 1975Mr. Robert W. SlaterDear Mr. Slater:   We refer to your letter dated January 28, 1975, which requests our interpretation of FAR 91.169(b) as that regulation might apply to your flying club.   You state that the Georgia Lockheed Employees Recreation Club, Inc. (GLERC) is a nonprofit organization which owns five Cessna airplanes. These airplanes are operated by members of GLERC Flying Club, Inc. It is not clear whether Georgia Lockheed Employees Recreation Club, Inc. is the same organization as GLERC Flying Club, Inc. If these two corporations are in fact different, I assume that the Recreation Club permits the Flying Club to utilize the airplanes by lease or other similar arrangement.   You pose the following question:      If a student furnishes an airplane which is not operated for hire to be used for his own flight instruction and he then pays a flight instructor for instruction, must the airplane have received a 100 hour inspection within the previous 100 hours in order to comply with FAR 91.169(b)?   For the purposes of our reply, we assume that the “student” referred to above is a member of GLERC Flying Club, Inc. and the airplane furnished is one of the Cessnas operated by the Flying Club.{p19}   Section 91.169(b) pertinently provides:      … [1] no person may operate an aircraft carrying any person (other than a crewmember) for hire, and [2] no person may give flight instruction for hire in an aircraft which that person provides unless within the preceding 100 hours of time in service it has received … 100-hour inspection … (Numbers and brackets added.)   In the first instance, the student is not carrying anyone for hire. Moreover, the flight instructor is a crewmember. Thus, there is no requirement for the airplane to have a 100-hour inspection.   In the second instance, the flight instructor is not providing his own airplane, the airplane being furnished by the student. Thus, this part of Section 91.169(b) does not appear to be applicable.   In view of the above, it is our opinion that FAR 91.169(b) does not apply to the factual situation presented.Very truly yours,R.R. HAGADONEAttorneyOffice of the Regional Counsel

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  3. James MacGregor CFI on Apr 03, 2011

    You pay the instructor seperate from the rental (i.e. rent from Acme FBO and bring your friend Bob in who is a CFI but is NOT working for Acme) = Not for hire, no 100hr needed
     The instructor is not in the plane with you, just renting the plane solo = Not for hire, no 100hr needed
    You make one check out for both the CFI and the plane (i.e. Acme Rental, Acme CFI)= for hire 100hr NEEDED

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