Welcome Guest. Sign in or Signup

5 Answers

Dry lease pilot contract

Asked by: 2425 views , ,
FAA Regulations

Good afternoon,
I’m FAA commercial and CFI helicopter .
I’ve been contacted by different persons to be pilot on a helicopter under dry lease for individual and for an hotel / resident  club members.

For the first case the helicopter will be dry leased by an individual for private uses under PART 91 and the lessee will hire me as contract pilot .

For the second case the same helicopter will be dry leased by an hotel for the hotel club members uses under PART 91 and the hotel will hire me as a contract pilot .

I just want to make sure I’m not illegal doing those flights  ?

Hope you will have the answers to my questions.

Best regards 

will

Ace Any FAA Written Test!
Actual FAA Questions / Free Lifetime Updates
The best explanations in the business
Fast, efficient study.
Pass Your Checkride With Confidence!
FAA Practical Test prep that reflects actual checkrides.
Any checkride: Airplane, Helicopter, Glider, etc.
Written and maintained by actual pilot examiners and master CFIs.
The World's Most Trusted eLogbook
Be Organized, Current, Professional, and Safe.
Highly customizable - for student pilots through pros.
Free Transition Service for users of other eLogs.
Our sincere thanks to pilots such as yourself who support AskACFI while helping themselves by using the awesome PC, Mac, iPhone/iPad, and Android aviation apps of our sponsors.

5 Answers



  1. LTCTerry on Mar 12, 2020

    I’m prepping for the ME commercial checkride later this month. As a glider commercial pilot “holding out” etc. hasn’t been an issue. Certainly not gospel, but here’s how I would see this if asked during an oral:

    One vs. many – in your first example the helicopter would be “owned” by the business. You would fly it for the business. All flying would be limited to employees of that business, one small group. In your second example anyone – aka the general public – would be available to access the helicopter (“club members uses”). This looks, to me, like the hotel would be “holding out,” offering the helicopter to anyone. I see this a Part 135 charter, not Part 91 corporate flying.

    Looking forward to hearing from others.

    +1 Votes Thumb up 1 Votes Thumb down 0 Votes



  2. willycopter on Mar 12, 2020

    Thank you for your answer
    But on the second case the club members are paying to subscribe to this “club member card” to have more advantage including the helicopter flights or it’s Beacause they own an appartement in the residence .
    So the flights will be limited to this small group of persons and not sell to anyone.

    0 Votes Thumb up 0 Votes Thumb down 0 Votes



  3. Mark Kolber on Mar 12, 2020

    Bottom line is you have asked a difficult question, one which cannot be answered without a full review of the leases and the way the operation actually works. If you are an AOPA member, you can take a look at the article by Jared Allen in the March 2020 AOPA magazine, “Who is in Control Here.” I’m linking to it in a separate message because this site sometimes removes posts with outside links.

    If you think the article is complicated, add to it such questions as who is actually the lessee, the hotel or a separate company formed by the hotel, and the possible application of the so-called “Alaska exception” (employee pilot/guides of a back-country tour may fly the guests because it is “merely incidental” to the package), and the exceptions to the exception.

    Then, of course, there’s the common but incorrect belief that so-called “private carriage” is Part 91 and does not require a Part 135 operating certificate.

    That’s not the kind of question I would be asking SGOTI.

    0 Votes Thumb up 0 Votes Thumb down 0 Votes



  4. Mark Kolber on Mar 12, 2020

    This is the link to the AOPA article

    http://www.aopa.org/news-and-media/all-news/2020/march/pilot/for-the-record-who-is-in-control

    0 Votes Thumb up 0 Votes Thumb down 0 Votes



  5. KDS on Mar 13, 2020

    Mark gave you an excellent answer and I’ll just add that obtaining a single-pilot single-aircraft 135 certificate is relatively simple. (If anything involving the government can be called simple.)

    0 Votes Thumb up 0 Votes Thumb down 0 Votes


The following terms have been auto-detected the question above and any answers or discussion provided. Click on a term to see its definition from the Dauntless Aviation JargonBuster Glossary.

Answer Question

Our sincere thanks to all who contribute constructively to this forum in answering flight training questions. If you are a flight instructor or represent a flight school / FBO offering flight instruction, you are welcome to include links to your site and related contact information as it pertains to offering local flight instruction in a specific geographic area. Additionally, direct links to FAA and related official government sources of information are welcome. However we thank you for your understanding that links to other sites or text that may be construed as explicit or implicit advertising of other business, sites, or goods/services are not permitted even if such links nominally are relevant to the question asked.