The nice thing about that reg is that it pretty much takes the form of a checklist.
The sightseeing ride is probably the easiest. You have to comply with 91.146, but that's not really that hard as long as the raffle operators are a qualified organization (see paragraph (a) of that regulation), but you don't need a 100-hour inspection and your current aircraft insurance probably covers it. From a liability standpoint, if you crash, you can expect to be sued, but it won't be much different from any other time you take someone for a ride under your PPL privileges.
Good idea. 91.146 is very clear and straightforward, and you avoid the increased insurance needs and higher risks and liability standards of putting them in the left seat.
You don't have to "contact" them in the sense of 2-way communication. All you need do is mail them the information listed in paragraph (e) so it arrives at least seven days prior to the "event" (never sure if that's the flight or the auction, so I always get it in early). As long as you don't hear back, you're good to go.
Without a "sponsor", you can't do this under 91.146. The money's got to go somewhere, and someone has to be collecting it, and there has to be accountability for it. Most states/municipalities have rules about this sort of thing, so check that out before you folks get nailed for panhandling or worse. Then get whoever's in charge of the group to sign the letter in paragraph (e)(1) (which you should probably ghost-write). That said, if "a group of friends" asked me to do this, and they didn't have any sort of organization or IRS tax number or a bank account through which the money was going, I think I'd politely decline -- too shaky (that's shaky, not shady -- no aspersions intended) a deal for me to get involved with this way.
That's OK -- the 500TT only applies to PP's. CP's with less are good to go.
Let me see if I've got this right. Originally I was thinking people you were donating the flight to be raffled off to raise money to buy toys to be given away. That's a 91.146 deal since someone's paying money and getting an airplane ride in return.
You don't. I misunderstood the situation based on your original post about a "toy drive raffle" where the person receiving the ride had to pay into the deal which resulted in them getting the ride. That would be a quid quo quo, (airplane ride in exchange for donation) and that means 91.146 comes into play. But if you are getting anything other than the joy of giving out of this (like a gift out of the gift exchange or a raffle ticket or anything else), or it's not for the benefit of a recognized community organization/event, all bets are off and 91.147 applies, not 91.146.I do find it disappointing that someone like me with appropriate commercial ratings, appropriate recent experience, and insurance coverage has to jump through hoops to donate a half hour of my time and fuel. It's hardly worth it.
Happy to help. And thanks for sticking with me getting the details straight -- sounds like a good cause.
Then, to all intents and purposes, you're raffling off an airplane ride to benefit the foster kids. Your car club probably isn't a charitable organization as defined in that reg, nor is "promotion of aviation safety" one of its purposes, but the event itself (donation of the toys to the foster kids) sounds to me like it "raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event". That's still 91.146. So, we're back to the original deal with you writing the 91.146(e)(1) letter for the car club president to sign, and sending that letter along with the other stuff listed in 91.146(e) to the FSDO at least seven days prior.
No. The issue isn't so much the pilot's certificate level as it is the lack of legal authority to accept compensation for providing air transportation of passengers. What isn't always clearly covered in pilot training is that a commercial pilot certificate issued per Part 61 only allows you to fly the plane when money is changing hands -- not to collect money from passengers for the flight, which requires that the party receiving that money hold a commercial operating certificate issued according to Part 119 to operate under one of the commercial operating parts (like 121 or 135). Of course, when passengers are paying for the flight, a CP or better is required to pilot the aircraft, but that's a separate issue from the certificate required to be providing air transportation for compensation/hire.
Ron, there is no money changing hands. Each toy is given a ticket that is entered into the raffle. Last year I donated around 20 toys and got 20 raffle tickets in exchange, one of those tickets won me a $30 Amazon gift card. Does that make more sense?
I do find it disappointing that someone like me with appropriate commercial ratings, appropriate recent experience, and insurance coverage has to jump through hoops to donate a half hour of my time and fuel. It's hardly worth it.
No. EAA prohibits any charge or other condition (other than the basic rules like age for YE) for providing the flight, and the donation of a toy is a condition for this one.
I don't see the FAA buying that as a way to get around 91.146.
Happy to help.
From an FAA perspective, yes, it would be fine, and exactly for that reason. However, my guess is BSA has their own rules about pilots and aircraft for that purpose (at least if it's done as an official BSA activity rather than "on your own"), so I'd research that with them before I did it.
