Does this operation require a commercial certificate?

Greg Bockelman

Greg Bockelman

Touchdown! Greaser!
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Greg Bockelman
I belong to a glider club in which I am one of the tow pilots. We are entering the winter season where there is no glider flying. Our director of maintenance would like to see the tow plane fly at least an hour or so each month between now and spring. The club will furnish fuel and oil. The pilot gets free flight time. Is this an operation that requires a CPL?

Since the club will furnish the fuel, our DoM is of the opinion that a Commercial Certificate and a current 2nd Class medical is required since the pilot is not providing the pro-rata share of the operating cost.

My opinion is that since the pilot is a member of the club that requirement doesn’t apply.

So, who’s right?
 
You can make a good case either way. (Pro-rata is irrelevant).

You are getting free flight time in exchange for providing a service. That equals compensation. There is a silly old Chief Counsel letter that says the solution for "flight time compensation" is simply to not log the time.

Towing a glider with someone in it only requires a private certificate (61.69 & 61.113(g)) and the private pilot may receive compensation. On this point, you might refer your director of maintenance to the 2010 Soaring Society interpretation. One could say that if a private pilot can tow a glider with a pilot in it, how can flying a tow plane without a glider be a problem?

I guess one could also make the argument that flying an airplane for essentially maintenance purposes is "incidental" to the business of a glider operation (just as test flights are incidental to the business of being a mechanic), so members are OK to be compensated.

The membership argument is based on some interpretations excepting flying clubs from such things as 100 hour inspections on the theory that the member "owns" the airplane and therefore it's not supplied by the instructor. Even that is the subject of ifs, and or buts (does the club control who may instruct? Is it an equity or nonequity club?), it's probably useless for anything beyond it's stated conditions.

Take your pick :D. I won't share my conclusion.
 
Our club policy with flying the tow plane in a situation like that: the club owns the plane, our tow pilots were all club members, so tow pilots are part owners, and owners can fly their own planes.
 
who flys the plane when it needs maintenance? These sound like maintenance flights....
 
midlifeflyer said:
You can make a good case either way. (Pro-rata is irrelevant).

You are getting free flight time in exchange for providing a service. That equals compensation. There is a silly old Chief Counsel letter that says the solution for "flight time compensation" is simply to not log the time.
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What if he was to rent the plane for a $1.00 per hour?
 
Just hook up the glider to the tow plane, start the takeoff run and before the glider leaves the ground, drop the glider. Continue with maintenance flight...
 
If Members *pay* to be in the club and as part of those payments, get an opportunity to fly these flights...well, you can see my thinking this is the exact opposite of compensation. You are paying to be able to do it.
 
Lindberg said:
I don't believe "providing a service" is the standard, is it?
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“Compensation” regardless of the very broad use of it by the FAA, pretty much by definition means an exchange of value. Can you think of an example where that is not the case?

Do you think it’s a violation if a rich relative or friend of the family pays for someone's flight training so they can become an airline pilot some day?
 
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Greg Bockelman said:
I belong to a glider club in which I am one of the tow pilots. We are entering the winter season where there is no glider flying. Our director of maintenance would like to see the tow plane fly at least an hour or so each month between now and spring. The club will furnish fuel and oil. The pilot gets free flight time. Is this an operation that requires a CPL?

Since the club will furnish the fuel, our DoM is of the opinion that a Commercial Certificate and a current 2nd Class medical is required since the pilot is not providing the pro-rata share of the operating cost.

My opinion is that since the pilot is a member of the club that requirement doesn’t apply.

So, who’s right?
Click to expand...
In our club if one of the planes needs to be flown somewhere for maintenance or upgrades, whichever member that flies it doesn’t pay. We’ve never considered that compensation and we’ve got a couple of lawyers in the club management.
 
midlifeflyer said:
“Compensation” regardless of the very broad use of it by the FAA, pretty much by definition means an exchange of value. Can you think of an example where that is not the case?

Do you think it’s a violation if a rich relative or friend of the family pays for someone's flight training so they can become an airline pilot some day?
Click to expand...
I'm not questioning compensation. What's the FAR that arguably requires a commercial certificate for this operation? Is it based on "providing a service"? That's my question.
 
Greg Bockelman said:
Our director of maintenance would like to see the tow plane fly at least an hour or so each month between now and spring. ... Is this an operation that requires a CPL?
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Nah, it's a gift. What's the difference if the giver gets a warm heart in return or warm cylinders?
 
Lindberg said:
I'm not questioning compensation. What's the FAR that arguably requires a commercial certificate for this operation? Is it based on "providing a service"? That's my question.
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Its based on flying an aircraft for compensation or hire. (Emphasis mine)

§ 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.
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