How would hired to fly the plane be illegal?
I'm not caught up on all the details of the CFI in question, but why was it illegal for the CFI to be hired to fly the plane as PIC? Did the CFI own the aircraft (i.e. part 135 issues)?
And to explain further. The student owned the airplane. He can hire a commercial pilot to fly it and his passengers, no problem.
It’s the passengers that gets grey. What was the owner’s relationship to them and how did they find out about this free flight to Vegas? Business relationships?
If the aircraft owner/operator “held out” and was simply “providing transportation” there’s a problem.
If not...
The aircraft is below 6000 lbs and the pilot has an instrument rating so, that stuff is covered...
You decide.
I can’t guess at how the passengers ended up on board, but the Commmercial certificate holder would have to know because it’ll trigger the operator needing an aircraft under 135 pretty easily...
All the kid had to do is post somewhere “anybody want to go to Vegas with me” where the lawyers can find it...
Also the whole thing probably forced them outside of their insurance. It’ll be interesting to see if the insurer fights it. If it was a paeudo-Commercial flight there may be wording in the policy that dumped the coverage.
If it was instruction, the policy CAN (but usually doesn’t) have wording to the effect of “nobody not needed for the flight on board”.
I’m sure the lawyers are dotting their Is and crossing their Ts on this one. Probably all get handled in sealed settlements though, so we’ll never know what they used as leverage or who gets what.