What to do before renting/borrowing an airplane from a private person?

11 Answers

1. 
   

   
   

   Jon on Apr 22, 2011

   I can give you a few answers based on my experience.
   First, make sure you have the billing details all laid out ahead of time and in writing.  Think “contract”.  At a minimum, that should include:

   how much the owner is charging you per hour
   whether that’s billed by the clock, hobbs or tach
   whether it’s a wet or dry rate (and if it’s a wet rate, how is reimbursement for fuel handled)
   how often will you be billed (leave a check at the end of every flight or get a statement at the end of the month)
   how is maintenance handled if something happens away from home (who pays, at what point do you need the owner’s blessing, etc)

   You’ll also want to go through the logbooks and make sure you can find a current annual for the airframe, engine(s) and propeller(s), and current entries for the pitot-static system, transponder and ELT.  If the owner won’t let you look at the logbooks, run like the wind.
   If there are avionics that need periodic database updates, ask if the owner is keeping those current.  Some owners have IFR-capable airplanes but fly primarily VFR and don’t bother keeping things current.  If you’re planning on flying IFR, ask if there’s any kind of log in the airplane for VOR tests.
   For insurance, ask the insurance company if you fall under the open-pilot clause.  For example, the insurer for one plane I rented said that any pilot with 500 hours and 25 in the model could fly without being named on the policy.  If you don’t meet those requirements, you’ll have to be a named pilot on the policy.  The insurance company will typically require a checkout with a CFI and maybe some dual time in the aircraft.  I started renting a Bonanza with just over 100 hours total time and no time in type, and I was required to fly 10 hours with a CFI.  A Mooney I rented at around 200 hours required only a checkout flight with a CFI.
   As long as you’re not operating the aircraft for hire, you won’t trigger the 100-hour inspection requirement.  For private pilot operations, that won’t be an issue anyway. I’m sure someone else can give you firmer answers to the regulatory side of things, but that’s how I understand it.
   As for your last question, I’ll be watching this post.  I’m looking for something in the DFW area myself.  In the past, I’ve found them through coworker (one was owned by a coworker, and the other was a friend of a coworker).
   Hope that helps!
   Jon

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2. 
   

   
   

   John D. Collins on Apr 22, 2011

   Jon offers a pretty comprehensive answer, so I will only elaborate on a few points.  The 100 hour requirement would apply if you are receiving flight instruction in the aircraft. If your checkout and any instruction occur within 100 hours of the last annual, the aircraft will meet the 100 hour requirement.  Learn the recurring AD’s that affect the aircraft.  They often have 100 hour recurring requirements.  Regardless of the 100 hour inspection status, these AD’s must be complied with.  Often they are simple and only take a few minutes and some may be accomplished by the pilot owner – operator.  But, whatever you do, don’t fly the airplane if one of the AD’s is not complied with, as you can get violated.  Unlike a 100 hour inspection requirement where there is a grace period for the aircraft to be returned to base for the inspection, AD’s have no grace period.

    

   Some insurance policies specifically prohibit renting or instruction in the airplane, so make sure you don’t run afoul of the policy.  Usually, a few individuals, up to four can be named pilots on the insurance policy without an additional fee, and I would recommend that you get yourself named on the policy.  There may be a charge if the pilot owner has discounts earned because of higher experience than you have, so it is possible that the owner will have to pay a premium to add you to the policy.  Who pays for this is a negotiable item.  Whatever you do, make sure nothing is withheld from the insurance company.

    

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3. 
   

   
   

   Nathan Parker on Apr 22, 2011

   The 100 hour inspection only applies if the flight instructor is supplying the airplane.  From an FAA Letter of Interpretation (Rackers, 1984):
    
   “If a person merely leases or rents an aircraft to another person and does not provide the pilot, that aircraft is not required by Section 91.169(b) of the Federal Aviation Regulations to have a 100-hour inspection. As noted above, the 100-hour inspection is required only when the aircraft is carrying a person for hire, or when a person is providing flight instruction for hire, in their own aircraft.”
    
    

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4. 
   

   
   

   John D. Collins on Apr 22, 2011

   Nathan,

    

   Thanks for the clarification.  I stand corrected.

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5. 
   

   
   

   Matthew Waugh on Apr 22, 2011

   The 100 hour, generally speaking, does not apply, whether you are receiving flight instruction or not. If the owner of the plane was a flight instructor and did your checkout (or otherwise provided instruction) you’d need the 100 hour, otherwise you’re operating the plane, hiring your own instructor, no 100 hour needed.
    
   The insurance question is VERY important if you have any assets you care about. There are 2 items in play here:
   1. Is the OWNER insured.
   2. Are YOU insured.
   The thing you’re trying to avoid is subrogation, and you can ONLY avoid subrogation if you are a “named insured” – and this is NOT the same as being “named on the policy” – make sure you understand the difference, and through a written waiver of subrogation.
    
   The open pilot conditions ONLY ensure that the owners insurance is in effect, it does nothing for you if something happens, because the insurance company will pay the owner and then subrogate to you to cover their losses.
    
   So it’s important to understand that many times when you ask about insurance people’s answers are based on the contract between the named insured and the insurance company, unless you are one of the named insured the answer may not (often does not) apply to you.

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6. 
   

   
   

   Jon on Apr 22, 2011

   Matthew makes a good point.  Insurance is one of those things that most people only deal with because they have to.  It’s easy to not ask questions and assume that you’re protected until something goes wrong.  From experience, I can tell you that when somethings does go wrong, everyone’s looking for someone to blame, including the insurance company.  If you haven’t dotted every i and crossed every t, things can get nasty and expensive.
    
   If you can’t get a waiver of subrogation from the owner’s insurance company, think very seriously about getting renter’s insurance, and make sure it covers whatever the insurance company could come after you for.  Again, it’s one of those things that’s not a big deal until it is, and then it’s a really big deal (same goes for records and compliance as John mentioned).

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7. 
   

   
   

   Tobin Fricke on Apr 22, 2011

   Thank you, everyone, for the excellent answers!
    
   Two pieces I’d like clarification on:
    
   – How does my own renters insurance affect the situation?  I have the AOPA renters insurance. Does that mean I don’t have to be so concerned with the detail’s of the insurance held by the airplane’s owner?
    
   – Can I go up with the airplane owner for a CHECKOUT flight without triggering the 100-hour?  I’m already rated as a private pilot and the owner may or may not be rated at a CFI.
    
   – Any comments on the fourth point–how to find an airplane to rent?  Does anyone just cold-call from the FAA registry? (-:

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8. 
   

   
   

   Jon on Apr 22, 2011

   1) You still need to be familiar with the owner’s insurance policy (like what his insurance prevents pilots from doing).  If you bend the airplane and the insurance company has to buy the owner a new plane, the can come after you for what they pay out (unless you’re named insured – different than named pilot, as Matthew pointed out).  If you have renter’s insurance, it will cover you for what the owner’s insurance wants.
    
   2) If the owner is a CFI and charges you for his time as a CFI, I think that triggers the 100-hour requirement.  However, if you agree before-hand that he’s the pilot in command (acting), that’s his problem, not yours.  As John said, within 100 hours of the annual, it doesn’t matter.  If the owner only charges for the airplane during the checkout, it’s not being operated for hire – therefore, no 100-hour requirement.
    
   3) Let me know how that goes 🙂

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9. 
   

   
   

   James MacGregor on Apr 23, 2011

   You also want to run the N number through the FAA

   http://registry.faa.gov/aircraftinquiry/

   And be sure the registration hasn’t expired. The FAA has inacted a renewal, similar to what we do with cars. If the owner missed getting us secret code in the mail, or didn’t take the code and his credit card and pay the Feds you might have issues if you get ramp checked.

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10. 
    

    
    

    Matthew Waugh on Apr 26, 2011

    You probably don’t actually have renter’s insurance – you almsot certainly have “non-owned aircraft insurance”. That’s useful to know, because you don’t have to be in the position of a renter, you just have to not own the aircraft.
     
    To protect yourself for the loss of the aircraft you need hull insurance, and hull insurance is NOT cheap. Remember, you’re not just covering the deductible, you need to cover the whole plane (less scrap value). So non-owned insurance is a path to go down, but far better and cheaper to see if you can be protected on the owners insurance first.

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11. 
    

    
    

    Basil on Sep 19, 2011

    To find pilots willing to share airplanes, check out ap.aopa.org

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