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8 Answers

Flying to pick up my son for a weekend

Asked by: 1883 views , , , ,
FAA Regulations, General Aviation, Private Pilot

Hello, I am an instrument rated Private pilot currently wrapping up commercial. My question is regarding the legality of a flight I am planning.

 

Scenario: I am a father living across state lines from my son's mother (we are divorced). I would like to rent a plane from my school (part 141), fly to pick him up, and fly back. I would also like to split the cost of the rental + fuel with my son's mother. I understand that as long as the PIC pays the pro rata share of the expenses, it's legal. However, this is normally applied to persons IN the plane. In this case I would be providing transportation for my son while receiving funds from his mother who isn't on board. Granted, I still plan to pay the pro rate share in this case. Another consideration is the common purpose aspect. Which in this case, the purpose is for court ordered visitation, so I believe that would be considered common purpose.

 

I think everything is legal as I have it planned. I just want to verify that my interpretation of the FARs is accurate. If you have any suggestions or differing viewpoints I would love to hear them.

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8 Answers

  1. Best Answer


    Bryan on Jan 25, 2022

    I think you’re overthinking this one. The requirement is for you to pay your share–not for the other person in the plane to personally pay theirs. The regulations say nothing about where the money comes from for the share of the other occupants of the plane. And what the regulations are really after is private (and sport/rec) pilots not getting paid to transport people without a commercial license.

    So if you pay your share, that’s the end of the question and you’re good to go.

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  2. LTCTerry on Jan 25, 2022

    I have a different take on this. The FAR and AC say “passenger” not parent.

    On the leg to pick up his son, the OP is the sole occupant, so no one to share with. The passenger with whom OP would share is the son, not the ex, for the return leg. Mom can certainly give the son money to pay for his half of that leg. (Is it ok if the non-passenger mother pays on behalf of the minor son?)

    If the ex is required by a divorce decree to pay half of travel, probably no one would ever know if she wrote him a check to cover his expenses. But…

    [Side Note: my decree from many, many years ago specifically permits taking my kids flying. The ex wanted it prohibited.]

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  3. LilRyRy on Jan 25, 2022

    Bryan and LTCTerry, thanks for your responses. I think you are both in agreement that this situation is likely good to go considering I wouldn’t truly be accepting compensation.

    Now, additional questions and clarification. If I wanted to take another pilot friend of mine to share the duties and increase safety, he would need a “common purpose” in order to share the expense. Correct? Furthermore, we would still be required to pay the Pro Rata share for each portion of the flight where we are PIC. After the fact, I would be legal and able to split the cost of MY expenses with my sons mother considering it was not for compensation.

    Thanks for all your help.

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  4. LTCTerry on Jan 25, 2022

    OP – If your ex gives you money, you are accepting compensation – half the cost of a flight she was not in. I assume you will say, “The flight cost $400, and your half is $200…” I’m pretty sure that won’t fly.

    Taking your friend along, in my opinion makes it worse. If it came up in random conversation and he said “I’ve been thinking of making that same trip, let’s do it together” you’re probably good to go. If you ask him to go – that’s a no go. What’s the common purpose? If you weren’t going, would he go pick up your son w/o you?

    You son is a minor. I’d grant his mom giving you money after the fact is likely OK. You pay for one leg 100%; there is no one in the airplane to share with. Your son pays a pro rata share (50%) of the trip home.

    At best, you can get 1/4 of the total cost reimbursed. Any more is more than pro rata. If you have a headwind there then the trip home is even less…

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  5. Russ Roslewski on Jan 25, 2022

    I’m with Bryan on this one, that you are overthinking it.

    A strict reading of the FARs on this would mean it’s illegal for a parent to pay for the rental when their Private Pilot son or daughter takes them up on their first flight after their checkride. And that, and similar situations, happens all the time, and doesn’t seem to be drawing the ire of the FAA.

    The intent of the regulation is pretty clear, to prohibit Private Pilots from transporting people around for hire. This isn’t anywhere close to that scenario.

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  6. KDS on Jan 26, 2022

    I would feel better hearing Mark Koebler’s take on this.

    My personal opinion is that if it is even a question, do not do it.

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  7. Mark Kolber on Jan 26, 2022

    KDS, I guarantee no one will feel better hearing my take on this.

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  8. KDS on Jan 31, 2022

    You never know Mark. Your words may be the sunshine in someone’s dark corner.

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