Legal Interpretations
Ware - 1976
Summary
The Question
May a pilot advertise on a college bulletin board for passengers to share the expenses of local flights made to build flight time?
Background
A community college student wanted to advertise for passengers to share the expenses of local flights around Kansas City while building time, and asked for written confirmation of an interpretation given by phone by a Kansas City GADO inspector and FAA regional counsel.
The FAA’s Interpretation
No, as the facts were understood. Share-the-cost flights under 14 CFR 61.118(b) must be a bona fide joint venture for a common purpose, with expenses shared by all aboard, including the pilot. Advertising for students to share a weekend trip to St. Louis would be fine, but flights made to build time are an operation for gain or advantage other than the transportation itself, so they are considered for compensation or hire.
- Requester
- Ware
- Issued
- February 13, 1976
- Subject
- Pilot Certification & Privileges
Page 1
In lteply Refer To: ACFr7
Ynis is in l::eSponse to )'"~ letter .of February 12 concerning your t-elephone @mversatio• on the llth with beth Inapeet.nr Peek of our Kansas City GADO and myself.. Yon ~uestion the interpret.at.ion given you and wish ccinfinmtioA in writing.
As t understand the facts as. givBli ~Y yon. yeu ar~ a student: at the. M.a?le ~ods Community College aad desire ta sdvertiae on the hulleti:rt bMt'd foT passengers to share expeues in l'()eal f lights a.t:ound Kansas City in order tfl de:fxay your elq>ense$ while you build tinte...
Wliile the shaTe-t:ha-eost operations under t~e provisions. of Sect.ion 61.118(b) are pe.rrdssible, t::h.e e:i,rcumstan~es of t.'hepattie.ule.r case must indiea.te that it is ;& bona fide nahm:e-the-coset sit:uaei-0u-. i.e., that: it. is a j.oo.n.t venture situatit\a foir a common pur·p,os.e 'With the ~es being defrayed · by all of the passengers on the a:trcraf't iuclwling, o.f course 11 yourself... For insta!lce .~ if y.ou plan t-0 go ea St. Louis for a weekend~ there would be noth~ wrong with y-OUr adv.er.tising o.n the ac:hool bu.llet:in board fo<r other s:t.udents to a.ee:ompany you m order to defTay your eo.sts. You lllaY w.tsh al1'W to ~efer to Amendfll.ent 6:1-S eff:eetiv~ May 4, 19.64,, ti.t:l.ed "CUrilieation of Private Pilot PriviJ.egestt Whil'll di.$c.U&$E!S the muu:e.-the-co.mt etme:ept.
~.e:r:,,, .1£ I understood the facts as given to me on the ~hone correctly,. y.owr p~a-e for the flights .Y<>U intend is tiO bu.1.ld. time, and thus ~nstitut:ea an ~peration for gain a.r advatttatse o·ther than the transportation itself. .As su.eh,. it would be ~t."tnsidered an operation for eompensad,on orhit'a .. !t may be that neither lnspecto:r Peck ur I myself adequately ~l.ained the ba.si.s b·ehimt our pos .itioa,, aud I l).e:p:e that you find the f~tu.g of as:sisunee.• KENNETH E. Gll.:Ilm '.a.egionil. CeWl;Sel
cc: ACE-GAD0-11 (Mr. Peck); AGC-20
ACE-7:KEGeier: rs :X5446:2/13/ 76
Snapshot retrieved August 6, 2026.