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BFR in an RV that's not really transition training?

OK, I think I have it now. If you are getting some transition training from a LODA guy and need a BFR, you should probably give him a birthday present of say $100, then when asking about a BFR, remind him that you gave him a birthday present yesterday (regardless of when his birthday was). That would make it all legal in the eyes of the FAA since he was just giving you a birthday present as well..
 
I get the primary training vs transition training and LODA stuff. However, I'm not sold on the total no compensation bit outside of the training issues.

Can someone point me to where it says you can't be compensated for performing other, non-training tasks with an E-AB aircraft?
I get 91.319 states:
(a) No person may operate an aircraft that has an experimental certificate?
(1) For other than the purpose for which the certificate was issued; or
(2) Carrying persons or property for compensation or hire.

And my OPLIMS, issued under the older FAA order 8130.2G (current version is 2J IIRC) has the same verbiage as 91.319 (a) (2). I'm also prohibited by my OPLIMS from glider towing, banner towing, or intentional parachute jumping.

But what about skywriting or aerial photography? Why couldn't a pilot flying their own E-AB be compensated (ie paid) for those activities? There's no carriage of persons or property.

If a person is charging for aerial photography or skywriting in an EAB, aren't they "being carried for hire"? I think this could be why the "or" is in 2).

Regarding EAB aircraft compensation for air-show performances: The FAA has made it clear that a commercial rated pilot may be compensated for air-show performances in an EAB aircraft (this may be part of the air-show waiver). However, they have also made it clear that air-show performers may not be compensated for giving VIP or press rides in an EAB aircraft.

Skylor
 
OK, I think I have it now. If you are getting some transition training from a LODA guy and need a BFR, you should probably give him a birthday present of say $100, then when asking about a BFR, remind him that you gave him a birthday present yesterday (regardless of when his birthday was). That would make it all legal in the eyes of the FAA since he was just giving you a birthday present as well..

Not really. At least in the eyes of other branches of government as well as government contractors, this type of behavior is considered both unethical and illegal. The example you gave is very similar to examples used in ethics training for govt. contractors. No, you can't give the birthday present to his wife or daughter, either...
 
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If a person is charging for aerial photography or skywriting in an EAB, aren't they "being carried for hire"? I think this could be why the "or" is in 2).

Skylor

IMO no. I take 91.319 (2) to mean carrying someone other than the pilot conducting the flight as in a 121 or 135 operation. But hay, my opinion is worth exactly what you paid for it.
 
As long as you pay your pro rata share of the expenses, you are not flying for hire, so you can do it.

Jesse, this is a common but incorrect perception. You need to go to the for-hire FARs (like part 135), where it is more clear that you may share the expenses of a flight with passengers ONLY when the flying is incidental to the trip. For example, if you and your friends want to gamble, then you may share the costs of a trip to Las Vegas. But if your friends want to gamble but you only want to fly, and intend to hang around the FBO while they gamble, then this is NOT legal. Likewise for aerial sightseeing, or if receiving flight instruction, then the flight is not incidental, but rather the main reason for going. Cost sharing under these circumstances is not allowed. (This has nothing to do with EAB, the same rules apply to normally certified aircraft.)
 
I've always wondered at the regs that will not allow the needed training in EAB but allow some airshow pilots to make a living using their EAB aircraft.
Anyone got any ideas?

I won?t speak for ALL cases, but in many cases, those ?experimental? aren?t E-AB - often times they are Exhibition, which carries different rules and ops Lims....
 
Generous people

The rulings that come out of courts often surprise me. But in this case, my opinion is that the FAA lawyers would rip this arguement to shreds. The airplane is being used to generate compensation for its owner, the cfi. Now, if you separate the two - you have an owner, not the cfi, who will genuinely let you borrow his plane for free - then you can legally pay the cfi. Same as if you are the owner.
BTW, actual cost numbers from when I was doing transition training in my -10: gas, $50/hr; insurance (just extra cost for giving dual), $400 per person (or $80/hr if 5 hours were needed); wear and tear on brakes, tires, ....??. So you see that your suggested ?rate? doesn?t come close to covering costs.

I had just this. I used an RV6 for free, and an RV8 for free for my transition training. 2 hours in each. They were filled with fuel when I took them out, and I filled them when I returned them. I agreed to pay the CFI, but he ended up doing it for free anyway (well, I had to listen to all his flying stories, that were really cool anyway!).
 
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