Legal Interpretations
Chock-Kaua' i County Council 2015
Summary
The Question
Would seeking fuel reimbursement from people rescued by Kaua'i County's helicopter give the operation a commercial purpose and end its public aircraft status?
Background
A Kaua'i County Council member reported that the county operates a leased rescue helicopter as a public aircraft operation and that a bill before the council proposed recovering fuel costs from persons rescued.
The FAA’s Interpretation
Yes. Seeking fuel reimbursement from rescued individuals is compensation under 49 U.S.C. 40125(a)(1), giving the operation a commercial purpose, so the helicopter would not qualify as a public aircraft operation under 49 U.S.C. 40125(b). If the county wishes to charge for any part of its services, the operation must qualify as a civil air carrier and comply with all applicable regulations.
- Requester
- Chock
- Organization
- Kaua' i County Council
- Issued
- August 24, 2015
- Subject
- Air Carrier & Commercial Operations
Page 1
U.S. Deportment
of Transportation
Federal Aviation
Administration
Mason K. Chock
Office of the Chief Counsel
AUG Z4 2015
Councilmember, Kaua'i County Council
Council Services Division
4396 Rice Street, Suite 209
Lihu'e, Kaua' i, Hawmii 96766
Re: Cost reimbursement for public aircraft operations
Dear Mr. Chock,
800 Independence Ave., S.W.
Washington, D.C. 20591
This responds to yow:- letter of June 22, 2015, requesting an interpretation of the public a ircraft statute. You indicated that Kaua' i County operates a leased helicopter for rescue purposes. We presume from the nature of your question that you are operating this helicopter as a public aircraft operation qualified under Title 49 of the U nited! States Code,§§ 40 102(a)(4 l)(D) and 40125, with the governmental function being search and rescue operations.
Your Jetter indicates that a bill was introduced to your county council proposing cost recovery for fuel from persons rescued using your helicopter. You ask whether a bill "to seek reimbursement of fuel expenses for the County helicopter in a rescue operation would be considered a "commercial purpose," thus removing the CcY.1~;nty helicopter from status as a Public A ircraft Operation (PAO)." Seeking reimbursement for fuel from rescued individuals is considered compensation under §40125(a)( 1) of the public aircraft statute. Accordingly, your helicopter would not qualify as a public aircraft operation under the terms of §40125(b) since that compensation gives it a commercia l purpose. We have issued this same interpretation regarding vaiious items considered for reimbursement in public aircraft search and rescue operations, inc~ uding medical services provided by a contractor. Our previous responses provide our analysis in more detail. See letter to Ray Ban·ato from Rebecca MacPherson, July 14, 2011; letter to Margaret Keavney from Rebecca MacPherson dated July 27, 2012; letter to Brian Barrett from Rebecca MacPherson dated October t 5, 2012. For your convenience, we are including copies of those interpretations as enclosures.
IfKaua'i County chooses to operate a rescue helicopter and wishes to cbarge for any part of its services, tbe operation would meed to qualify as a civil air carrier and comply w ith all applicable regulations. This interpretation was prepared by Karen Petronis, Senior Attorney in my office, and coordinated with the General Av iation and Commercial Division of the F light Standards Service. lf you have any further questions regard ing ti11iis interpretation, please contact my staff at 202-267-3073.
Sincerely,
Lorelei Peter
Acting Assistant Chief Counsel for Regulations
Enclosures (3)
Snapshot retrieved August 6, 2026.