Operating RegulationsUncategorized

Why a Part 91 Aircraft Flight Can’t be Auctioned for Charity – The FAA Perspective

By February 12, 2021 July 3rd, 2021 No Comments
Don't Auction an Aircraft Flight for Charity

If you operate your aircraft under FAR Part 91, do not auction a Part 91 flight on your aircraft. The bidder (passengers) on the flight will have paid for the flight. True, the aircraft owner and the operator of the Part 91 flight will not have received any consideration as the consideration will be paid to the charity, however, the FAA perspective is that the bidder (passengers) will have paid consideration in exchange for a flight and that it should not be operated as a Part 91 non-commercial flight.

Risks of Auctioning a Part 91 Flight

From an FAA perspective, the flight violates FAA regulations and the FAA could impose a civil penalty. There could also be federal tax issues and the flight may not be in compliance with your insurance.

How to Provide Charitable Flights

If the aircraft is on a Part 135 (charter) certificate, the auctioned flight may be able to be flown under FAR Part 135. Flights where no consideration is paid, such as the Corporate Angel Network & the Red Cross, can be a good way to provide a charitable flight.

Please contact Jetstream Aviation Law if we can assist you with addressing your aviation issues.

Michelle M. Wade is a partner with the law firm of Jetstream Aviation Law and counsels clients on the acquisition, financing and  operation of corporate jets operated under Part 91 and Part 135 of the Federal Aviation Regulations. Jetstream Aviation Law can be found at www.JetstreamLaw.com.

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