JoseCuervo
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JoseCuervo
The way I look at it, once you are into the gray area of parsing words and deciding where the actual boundary is between the need for commercial rating vs. a private pilot using his plane "incidental to his business", there are no hard and fast rules.
The FAA does not rely on precedents for enforcement actions, only the rules as written, and interpret them with some discretion, as they see fit for a given situation.
So it's really up to each pilot to read the regs, and the precedents and letters for background information and interpretation.
I myself believe the Mays letter from 1977 (reproduced below and also quoted above), though a bit dated, still reflects the most thoughtful, rational and logical (i.e. common-sensical) interpretation of the relevant written regs (which haven't changed, to my knowledge).
I think the key aspects are, are you getting paid to transport people and/or property, and how much of your job involves flying related to your work.
Clearly the FAA goal is to require a commercial rating when you are transporting people or property for money, yet allow a private pilot to use his/her plane as an incidental part of the job.
Obviously you are always at the whim of any (over)zealous government employee (e.g. Hoover), but in my own experience, the vast majority of FAA employees are good people, use common sense and actually want to make aviation both safe and productive. In other words, they are on our side.
Now, I am confused how these letters work.
I was told the San Bernadino letter was old and had been voided by a newer letter.
Would somebody have gone and busted the San Bernadino employees when the new letter came out?
And, is it really my obligation to know the content of all these Counsel letters? I don't think that was covered in ground school.