WrightSeat has specifically limited access to the platform to pilots and pilots only to avoid conflict with the FAA's advisory (AC) 61-142 of the holding out rule. While not a law the advisory illustrates that publishing flights on a publicly accessible platform could qualify as holding out. The advisory also shares that publishing on an FBO bulletin board would not likely be holding out because the advertisement targets a limited audience.
In the United States, private pilots are allowed to share the cost of a flight with passengers under certain conditions. According to Federal Aviation Administration (FAA) regulations, pilots must comply with the following requirements:
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The flight must be for personal transportation and not for compensation or hire.
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The pilot must hold at least a private pilot certificate and have a minimum of 500 flight hours.
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The pilot must not advertise the flight to the public or hold out as a common carrier.
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The pilot and passengers must have a common purpose for the flight, such as attending a business meeting, vacationing together, or attending a family event.
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The pilot must pay a pro-rata share of the flight expenses, including fuel, oil, airport fees, and rental fees for the aircraft.
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The passengers must pay a pro-rata share of the flight expenses based on their share of the flight time.
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The flight must be conducted under visual flight rules (VFR) and in compliance with all applicable regulations.
It is important for private pilots to carefully adhere to these regulations to avoid violating FAA rules and potentially facing fines or other penalties.
Here are some of the key regulations that limit ride sharing for private pilots:
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Federal Aviation Regulations (FAR) Part 61.113: This regulation prohibits private pilots from carrying passengers or property for compensation or hire, unless they hold a commercial pilot's license or an appropriate exemption applies.
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FAR Part 119: This regulation defines the requirements for obtaining an air carrier certificate, which is necessary for conducting commercial air transportation.
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FAR Part 121: This regulation defines the rules for scheduled air carriers, including requirements for crew training, maintenance, and operations.
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FAR Part 91: This regulation defines the general operating and flight rules for all aircraft, including private pilots. It includes provisions related to aircraft certification, maintenance, and operation.
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Advisory Circular (AC) 61-142: This guidance provides information on how to comply with FAR Part 61.113, including the circumstances under which private pilots may be able to receive payment for carrying passengers or property.
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AC 61-142B: This updated guidance provides additional clarification on the regulations related to compensation for private pilots, including the use of online platforms to arrange flights.
These are some of the key regulations and guidance documents that private pilots should be aware of when considering ride sharing. It is important to note that these regulations are subject to change, so pilots should regularly consult the most up-to-date information available from the FAA.
In the United States, private pilots are allowed to share the cost of a flight with passengers, but they are not allowed to hold out as a common carrier. Holding out refers to advertising or offering transportation services to the general public as a commercial service.
Under FAA regulations, private pilots are prohibited from holding out as a common carrier or air taxi operator. This means they cannot advertise their services publicly or offer transportation services to anyone who contacts them. They are only allowed to share the cost of the flight with passengers who have a common purpose for the flight, such as attending a business meeting or vacationing together.
Pilots who violate the holding out rule can face significant penalties, including fines, suspension or revocation of their pilot's license, and even criminal charges in some cases.
It is important for private pilots to understand the rules and regulations regarding cost-sharing and holding out to avoid any potential legal issues. If a pilot has any questions about the regulations, they should consult with an aviation attorney or contact the FAA for guidance.​