Legal Interpretations
Eaton 2012
Summary
The Question
Does a 1977 FAA interpretation on compensation for private pilots at balloon events still reflect current regulations?
Background
A requester asked whether the 1977 Comstock interpretation, addressing compensation and hire for private pilots participating in balloon events, is consistent with current regulations.
The FAA’s Interpretation
Yes. Current 14 CFR 61.113 is similar in all relevant respects to former 14 CFR 61.118, so the Comstock interpretation accurately reflects current rules. Although compensation is defined broadly, the key question is whether the private pilot's receipt of something of value, such as reimbursement for fuel, transportation, lodging, or meals, is conditioned on the pilot operating the aircraft.
- Requester
- Eaton
- Issued
- December 7, 2012
- Subject
- Pilot Certification & Privileges
Regulations Cited
- 14 CFR 61.113
- 14 CFR 61.118
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
DEC 7 2012
Dear Mr. Eaton:
Office of the Chief Counsel 800 Independence Ave ., S.W.
Washington, O.C. 20591
This letter responds to your request for legal interpretation dated July 23, 2012. You have asked whether a legal interpretation issued in 1977 is consistent with the current regulations regarding compensation and hire for private pilots at balloon events. (Legal Interpretation to Tucker Comstock, September 8, 1977.)
Current 14 C.F.R. § 61.113 states that "no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft." This provision is similar in all relevant respects to the requirements in fonner § 61.118 that was in effect in 1977. In reviewing the scenarios outlined in the Comstock Interpretation, we have determined that the FAA' s response accurately reflects current regulations governing compensation and hire for private pilots participating in balloon events. We note that, although the FAA has defined compensation broadly, the key consideration in determining if a private pilot is acting as pilot in command of an aircraft for compensation or hire is whether the pilot's receipt of something of value (e.g. reimbursement of expenses like fuel, transportation, lodging, or meals) is conditioned upon the pilot operating the aircraft. (Legal Interpretation to John W . Harrington, October 23, 1997.)
This response was prepared by Anne Moore, an attorney in the Regulations Division of the Office of the Chief Counsel, and has been coordinated with the Ainnan Certification and Training Branch of Flight Standards Service. If you have any additional questions regarding this matter, please contact us at your convenience at (202) 267-3 073.
Sincerely,
~t:e!~Assistant Chief Counsel for International Law
Legislation and Regulations Division, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.