Legal Interpretations
Chero-AVEMCO - 1985
Summary
The Question
May private pilots fly passengers arranged by the Pilots & Passengers Association under the expense-sharing allowance of 14 CFR 61.118(b)?
Background
AVEMCO Insurance Company wrote to the FAA about the Pilots & Passengers Association (PPA), which would solicit passengers from a broad segment of the general public for flights by private pilots.
The FAA’s Interpretation
No. 14 CFR 61.118(b) allows only bona fide cost sharing, a joint venture for a common purpose with expenses defrayed by passengers and pilot, and does not let time-building pilots carry passengers to places where they have no business. PPA pilots apparently would not share expenses, and even if they did, soliciting passengers from the public would probably make each pilot a common carrier subject to 14 CFR part 135.
- Requester
- Chero
- Organization
- AVEMCO
- Issued
- December 26, 1985
- Subjects
- Pilot Certification & Privileges · Air Carrier & Commercial Operations
Regulations Cited
- 14 CFR 61.118
- 14 CFR Part 135
Unreadable text from the scan (such as a barcode or stamp) is left out of the text below; the original letter shows it exactly.
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U.S. Department
of Transportation
800 Independence Ave., S.W.
Washington, O.C. 20591
Federal Aviation
Administration
DEC 2 6 1985
Thomas H. Chero
Vice President - Legal
AVEMCO Insurance Company
Frederick Municipal Airport
411 Aviation Way
Frederick, MD 21701
Dear Mr. Chero:
Thank you for your letters to this office, dated September 9, 1985, and October 23, 1985, respectively, concerning the actions of the Pilots & Passengers Association (PPA). You are correct in stating that Section 61.118 of the Federal Aviation Regulations (FAR) prohibits private pilots from participating in PPA's operations. Section 61.118 provides that a private pilot cannot act as pilot in command of an aircraft that is carrying passengers for compensation or hire unless the flight falls within one of the four listed exceptions in 61.118 (a) - (d).
Section 61.118(b) allows a private pilot to share the operating expenses of a flight with his or her passengers. Additionally, the FAA has interpreted 61.118(b) so that the only allowable share-the-costs operations are those which are bona fide, i.e., joint ventures for a common purpose with expens;;--being defrayed by all passengers and the pilot. Nor does Section 61.118 permit pilots who want to build up time toward their commercial pilot certificates to carry expense-sharing passengers to a destination at which they have no particular business.
PPA pilots apparently would not share in the expenses of the flights they would undertake. It also appears that PPA pilots could be flying to destinations at which they had no particular business. The PPA system is not a casual one of an individual pilot wishing to take some friends or acquaintances with him on a trip. The PPA system would violate the letter, as well as the spirit, of Section 61.118.
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if(· IJ't Even if the pilot bears an equal share of the expenses with his or her passengers and indeed has his or her own need to fly to a particular destination, yet another problem arises. Since PPA's passengers would be solicited for flights by PPA from a broad segment of the general public, we conclude that each pilot carrying paying passengers from PPA would probably be engaged in common carriage. This means that each pilot would become an air carrier subject to the certification and operating rules of Part 135 of the FAR, We appreciate your calling our attention to this matter.
Sincerely,
JotJn.H. Cassady
Assistant Chief Coun e
R{)ulations & Enforcement Division
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Regulations Referenced
Snapshot retrieved August 6, 2026.