In other words, if a pilot wants to split gas without the pro-rata restriction, go whole hog and be a 135 outfit. Its just that easy.
My point is, which you can't seem to grasp, is there are people who follow the rules, and go through all the motions with aircraft conformity, maintenance requirements, training and check rides to actually be able to offer air charter legally. And you want to give a PP the same rights but have them not do any of that.
How does that equate to an "equivalent level of safety"?
You talk as if the FAA is just being "reasonable", without any history of torturing the boundaries of what is "compensation" defined -- that is why we are even having this conversation.
Again, you simply can't grasp this. My scenario
suggest having the FAA free up the compensation prohibition on Private Pilots, but have them demonstrate an
equivalent level of safety for the privilege, and would they be willing to do so.
And you still haven't given up on the ominous veiled threat that even if a pilot were to try to jump through all the 135 hoops, that they would surrender their certificate and can not simply go back to being a PP if they didn't jump quite high enough for the circus act.
It's not a "veiled threat", it's reality and how it works in the real world.
I understand you are a very low time Private Pilot and have no experience outside of that realm. Let me explain what happens when an applicant applies to become an Air Carrier under 14 CFR Part 135.
The applicant notifies the FAA of his intent with a PASI (Pre Application Statement of Intent) and states the type of operation he wishes to conduct and where. He now must secure the proper insurance required, submit his aircraft to a conformity inspection, designate who will do the maintenance and inspections. Now he must subject himself to an evaluation, an oral and a check ride to insure he meets the standards set out in 14 CFR Parts 61, 91 and 135. The oral and checkride are set to the Practical Test Standards guide for his certificate level. He is now given a check for 135.293, 135. 299 and 135.297 (for instrument flight if an IFR operation)
Now think about this: He is being examined, by the FAA, for competency for the level of his rating held. If he cannot perform to the PTS as he did to acquire his rating, what should the FAA do at this point? In most cases he's allowed to do additional training to gain proficiency in weak areas. But let's say he rechecks and again comes up short of the PTS.
Should the FAA just walk away and allow him to continue with his commercial certificate?
Now, apply a similar situation to the Private Pilot wanting to carry passengers for hire (if the FAA permitted). If he can't perform to the PP PTS, fails and rechecks, and fails again, should the FAA allow him to keep his rating?
Since you are an attorney, let me ask you something: Shouldn't the Bar allow an applicant who has not graduated from law school, but has studied on his own and shows great aptitude for the law, a right to sit for the Bar Exam and become licensed to practice law?
Query - what do you think will become of the FAA when private pilots number in the hundreds not the thousands; When the only planes lying are part 121/135, and the airlines are clamoring for outsourcing and privatization? We won't need a Federal Administration if there isn't any Aviation.
Not sure what that has to do with our discussion.
Are you saying without allowing Private Pilots the right to gain compensation that GA will ultimately fail?