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Thread: Renting out homebuilts?

  1. #11
    steveinindy's Avatar
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    Quote Originally Posted by Hiperbiper View Post
    Hmmmm....interesting. If someone were to take friends along on a trip (say to Florida) is it still legal for them to split the cost of fuel?
    Don't ask don't tell.[/QUOTE]

    That's what I figured.

  2. #12

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    Quote Originally Posted by rwanttaja View Post
    14CFR 91.319, "Aircraft Having Experimental Certificates: Operating Limitations"
    (a) no person may operate an aircraft that has an experimental certificate--
    (1)...
    (2) Carrying persons or property for compensation or hire.


    So you can't rent it out. However, you can sell partial interest in the airplane, form a flying club, and have the members compensate the club for the costs involved in using their airplane.

    Ron Wanttaja
    You would not be carrying persons or property for hire. The pilot RENTS the airplane. Nothing more. That clause seems not apply. Of course you cannot use it to fly people around for hire. Different scenario.

    But I guess this one does: (f) No person may lease an aircraft that is issued an experimental certificate under §21.191 (i) of this chapter, except in accordance with paragraph (e)(1) of this section.
    Last edited by Aerco; 12-21-2011 at 07:24 AM.

  3. #13
    kscessnadriver's Avatar
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    Quote Originally Posted by Tom Downey View Post
    EXP aircraft can not be used in a commercial operations. rental aircraft are a commercial operation.

    The rule is 21.191 Experimental certificates.
    Renting an aircraft is not a commercial operation.
    KSCessnaDriver
    ATP MEL, Commercial Lighter Than Air-Airship, SEL, CFI/CFII
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  4. #14

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    Quote Originally Posted by kscessnadriver View Post
    Renting an aircraft is not a commercial operation.
    FAR 1.1
    commercial operator, means a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier or under the authority of Part 375 of this title. Where it is doubtful that an operation is for “compensation or hire”, the test applied is whether the carriage by air is merely incidental to the person's other business or is, in itself, a major enterprise for profit.

  5. #15

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    right and when a pilot is simply renting a plane he is not carrying persons or property for hire.

  6. #16
    hydroguy2's Avatar
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    In the Op limits you will find this statement. This is the one that does not allow for renting...except for people with a LODA allowing training.

    (f) No person may lease an aircraft that is issued an experimental certificate under §21.191 (i) of this chapter, except in accordance with paragraph (e)(1) of this section.
    It's just one dam job after another

    Brian C.
    Sport Air Racing League http://www.sportairrace.org/
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  7. #17
    MickYoumans's Avatar
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    If someone were to take friends along on a trip (say to Florida) is it still legal for them to split the cost of fuel?
    I don't see where that should be a problem. There is nothing stopping anyone from buying fuel. Just because a friend wants to store his fuel in my airplane, I won't hold that against him.

    Regarding renting an experimental plane, there is another angle that has not been discussed here. Even if it were legal, which we have already established that it is not, would they be "checked out" and certified to fly the experimental plane? Most rental planes in my area are Cessna's and Piper's that just about everyone has been endorsed to fly. I have a friend with an experimental T18 that I have flown in the right seat. Would that certify me to fly it solo? I don't think so. Another angle is insurance. I'm sure that would be a big issue too.

  8. #18
    Eric Witherspoon's Avatar
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    Carl has it right - E-AB's most certainly CAN be made available for rent. But only for "transition training" purposes. So y'all don't freak out - here's some links to some RV's you can rent:

    http://www.vansaircraft.com/public/trainfly.htm
    http://rvtraining.com
    http://letsflyrvtraining.com
    http://rvtransition.com

    I've heard one of these even has an exception to the exception - can offer initial tailwheel training. But that guy has thousands of hours in RV's, so don't get any ideas.

    Yes, there are other makes/models of homebuilts that have got the LODA's.
    Here is a Sonex:
    http://aircrafttransitiontraining.com
    Murphy's 13th: Every solution breeds new problems...

    http://www.spoonworld.com

  9. #19

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    Quote Originally Posted by tonycondon View Post
    right and when a pilot is simply renting a plane he is not carrying persons or property for hire.
    remember FAR 1.1 says "commercial operator, means a person who, for compensation or hire", and the FAA believes that logable time is compensation,

  10. #20

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    They're not paying for half the gas.

    They're buying a pencil from you. At a remarkable mark-up. Just make sure to actually hand them a pencil.



    I kind of grin at the "densely populated" blurb in the regs. Okay, so I get that Downtown Birmingham is "densely populated;" but what about suburbs? They have loads of places to land safely in the event of an emergency....
    The opinions and statements of this poster are largely based on facts and portray a possible version of the actual events.

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