commercial ops

[hihosland]

I have been asked wether I would be prepared to offer a flight in my 19 registered aircraft as a prize in a local fund raising effort.

 

Q.1...If the passenger and the sponsoring school committee make no contribution to the flight costs is this a legal operation?

 

Supplemental questions

 

Q.2...If school or passenger shares in the costs of the flight is it a legal operation?

 

Q.3...Can I as a member of a service club offer joy flights as a fundraiser if all funds are sent to the charity in question?

 

Q.4...If Q.3 is legal would it still be legal if the sponsoring organization made a contribution towards the costs of providing those flights?

 

curious

 

Davidh

 

 

[Wilfred]

Ring RAA and ask their opinion.

 

02 6280 4700

 

We tried the same thing at an airshow a couple of years ago and were told no, it then becomes a commercial operation and not available to RAA registered aircraft. This would then lead to insurance problems if there was an incident.

 

Peter

 

 

[drifterdriver]

Yeah a tough one especially as you're trying to help someone out, its more than likely just on the wrong side of the line and as turtle mentioned an insurance assessor would raise an eyebrow if something untoward happened. Give Lee a call, he's back in the office from NQ.

 

 

[rick-p]

David,

 

Basically in my humble opinion you are stumped before you start.

 

It will become a commercial operation or venture because money is to be paid by the pax to a third party for the use of you aircraft (hire).

 

Think of the term TIF, what's required?

 

Certified aircraft and instructer?

 

Only if you fell into this category would you be able to work through it.

 

In my view it dosn't really matter who gets the money the point is that money is changing hands for the use of your aircraft and your services.

 

As it has been said previously, here in these posts, there are also insurance issues.

 

But most importantly think about that guy in WA (I think), a little while ago, who was jailed for using himself and his ultralight for commercial operations.

 

It won't be the RAA that wield's the big stick it will be the big bad wolf who's bite is far worse than it's bark.

 

Just as an aside I would say that if you and your mate were going on a flying trip somewhere and your mate wished to help with the costs I can see no problem with your mate helping with part of the fuel bill.

 

In each of your questions above the central issue is that someone is actually, one way or another paying for the flight.

 

In conclusion, the best advice I can give you is the same as another reply to your post, consult the RAA and/ or, if you want a second opinion seek legal advice from an Aviation Lawyer.

 

As it's a fund raising event for a school the Lawyer may go easy on costs.

 

Thats my view and I'm sticking to it unless otherwise overuled.

 

Regards,

 

Rick P

 

 

[nong]

Run away from this idea. You are on a hiding to nothing. You cannot, as a moral position, offer your flying services to an unsuspecting public without disclosing the risk factor. In your case this would rate as high. Therefore the prize would typically have to be described as say, 'a ride in a home made, experimental type aircraft with a 67 year old amateur pilot. An as for the legalities.....better you than me..... Please understand that this is not a personal attack.

 

Cheers, Fred

 

 

[Captain]

David

 

 

 

Listen to the nong, for he knows lots of good stuff that belies the forum name he uses.

 

 

 

He is right. There is no real upside from your getting involved in such a local fund-raising effort. And there is a precipice of downside if anything goes pear shaped.

 

 

 

Regards Geoff