Yak-List Digest Archive

Sun 09/14/08


Total Messages Posted: 5



Today's Message Index:
----------------------
 
     1. 06:56 AM - Re: Re: Passenger carrying flights for compensation at airshows - an (Roger Kemp MD)
     2. 03:50 PM - Re: Re: Passenger carrying flights for compensation at airshows - an (Yak Pilot)
     3. 04:07 PM - Re: Re: Passenger carrying flights for compensation at airshows - an (Yak Pilot)
     4. 04:53 PM - Re: Re: Passenger carrying flights for compensation at airshows - an (cjpilot710@aol.com)
     5. 07:55 PM - Re: Re: Passenger carrying flights for compensation at airshows - an (Roger Kemp MD)
 
 
 


Message 1


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    Time: 06:56:12 AM PST US
    From: "Roger Kemp MD" <viperdoc@mindspring.com>
    Subject: Re: Passenger carrying flights for compensation at airshows
    - an Hmm...all the more reason to simply avoid the Air Show circus and fly with friends. Then I can fly who I want when I want on my dime and have to prove crap to the FAA. Sure there are plenty of scenarios in which the sky Gestapo can question in the non waivered airspace scenario. Doc -----Original Message----- From: owner-yak-list-server@matronics.com [mailto:owner-yak-list-server@matronics.com] On Behalf Of Craig Winkelmann, CFI Sent: Saturday, September 13, 2008 2:57 PM Subject: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Mark: As this is not an RPA forum, I'll not get into any RPA stuff. As for Experimental Aircraft, there are many deviations authorized by "The Administrator" that allow for training and charging for flights - that was not the intent of this thread. As for the FAA, they will look at anything as compensation - free water, food, oil, gas, smoke oil, tie-down spots, prostitutes, what have you. If you are issued a violation for flying a person in an aircraft for compensation, it had better not be a Experimental Aircraft, and you had better be a Commercial Pilot (with a Second Class medical so you can exercise the privileges of said license :D ) You will be guilty until you can prove that the fuel in your tank that you used to fly the VIP is different than the fuel you got for being in or at the airshow. All the letter you reference will be is an exhibit that your lawyer can use to try and defend your case. If the FAA can use the logic for CAP that I posted in another thread, where the simple matter of logging flight time was compensation, they can use anything. Oh, and for the Commercial ticket, there are scenarios the examiner I took my checkride with that would seem to be valid operations with a Commercial License but were not as they moved you into a Part 135 operation (eg. providing the pilot services AND the airplane for a flight for which you were compensated). And for another thing, it would be best if you were an AOPA member and took advantage of their legal protection program or you may have a large legal bill to prove your point with the FAA. Regards, Craig Read this topic online here: http://forums.matronics.com/viewtopic.php?p 4142#204142


    Message 2


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    Time: 03:50:31 PM PST US
    From: Yak Pilot <yakplt@yahoo.com>
    Subject: Re: Passenger carrying flights for compensation at airshows
    - an Craig, you said: =0A=0A"As this is not an RPA forum, I'll not get into any RPA stuff." =0A=0ADoes this mean just for this topic, or for every RPA topi c... because this is a first.- Fact is, there are all kinds of training g iven in YAK-52's.... so whether people can charge for doing it legally rema ins a topic which you might not want to discuss, but it clearly is-releva nt.- =0A=0AAs to the FAA, even though they are a bunch of jerks from time to time, the overall legal system remains the same and the burden of proof is upon them.- It is not up to you to prove your innocence, even though it is a nice thing to have in hand should the time come!- What would be n ice to know is just how many cases of cases such as the one under discussio n have actually been carried out?- In this particular story, the FAA made noise, but did nothing.- =0A=0AAs to what you better have, should have, will have, "or else"... I generally do not think that way.- Power begets power, and individual FISDO's crossing the line into areas where they shoul d not go is pretty much legend.- As far as the letter goes, of course it is for your lawyer or yourself to defend your case.- So is a voice record er, which goes a LONG LONG way.- Maybe you think that if you do all the t hings that you are suggesting, the FAA will just leave you alone.- Wrong answer.- When these guys get on a roll, they roll OVER everything in thei r path.- If the FAA accuses you of taking free fuel and then "paying it b ack" by flying around passengers, then forewarned is forearmed.- There ar e TONS of things you can do in this regard, some of which I have mentioned, some of which I have not.- For example, who says the person giving you t he fuel has to record what N number aircraft it went into?- Yes, I know.. . they are pretty much required to but....-... mistakes can happen as well.- Just rolling over and giving up is against my nature... but to each his own.- Since I now know more a bout this subject than I ever did before, I will use every trick in the boo k to keep the FAA from being able to use it against me.- =0A=0AAs to your CAP example, I did not see it, but can imagine.- You're absolutely right , the FAA can take any darn thing in the world to make it look like you are a criminal.- But they can go too far and we all know that too.- In the cases we have talked about, they are simply "making shit up".- When that happens it is time to work together to come up with a good plan and not to run away our tail stuck between our legs.- Again, just my point of view. - =0A=0AI already have the AOPA legal plan, but thanks for the suggestion .- I have already talked to them- and others... many times.- =0A=0AMa rk Bitterlich=0A=0A-=0A=0A=0A----- Original Message ----=0AFrom: "Craig W inkelmann, CFI" <capav8r@gmail.com>=0ATo: yak-list@matronics.com=0ASent: Sa turday, September 13, 2008 3:57:13 PM=0ASubject: Yak-List: Re: Passenger ca rrying flights for compensation at airshows - an=0A=0A--> Yak-List message posted by: "Craig Winkelmann, CFI" <capav8r@gmail.com>=0A=0AMark:=0A=0AAs t his is not an RPA forum, I'll not get into any RPA stuff.=0A=0AAs for Exper imental Aircraft, there are many deviations authorized by "The Administrato r" that allow for training and charging for flights - that was not the inte nt of this thread.=0A=0AAs for the FAA, they will look at anything as compe nsation - free water, food, oil, gas, smoke oil, tie-down spots, prostitute s, what have you.- If you are issued a violation for flying a person in a n aircraft for compensation, it had better not be a Experimental Aircraft, and you had better be a Commercial Pilot (with a Second Class medical so yo u can exercise the privileges of said license- :D )- You will be guilty until you can prove that the fuel in your tank that you used to fly the VI P is different than the fuel you got for being in or at the airshow.- All the letter you reference will be is an exhibit that your lawyer can use to try and defend your case.=0A=0AIf the FAA can use the logic for CAP that I posted in another thread, where the simple matter of logging flight time w as compensation, they can use anything.=0A=0AOh, and for the Commercial tic ket, there are scenarios the examiner I took my checkride with that would s eem to be valid operations with a Commercial License but were not as they m oved you into a Part 135 operation (eg. providing the pilot services AND th e airplane for a flight for which you were compensated).=0A=0AAnd for anoth er thing, it would be best if you were an AOPA member and took advantage of their legal protection program or you may have a large legal bill to prove your point with the FAA.=0A=0ARegards,=0A=0ACraig=0A=0A=0A=0A=0ARead this topic online here:=0A=0Ahttp://forums.matronics.com/viewtopic.php?p 414 ===========


    Message 3


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    Time: 04:07:18 PM PST US
    From: Yak Pilot <yakplt@yahoo.com>
    Subject: Re: Passenger carrying flights for compensation at airshows
    - an Doc, is that your tongue in your cheek I hear rattling around there?- =0A -=0AThe thing I find so interesting is that the WHOLE CONCEPT of "Experim ental Exhibition" is to EXHIBIT YOUR AIRCRAFT AT EVENTS!- That is what th e FAA designated your aircraft to do for heavens sake!- So you take some free fuel to bring it there, which in no way represents even a LARGE percen tage of the overall cost to maintain the aircraft, keep current in it, and then take it to some show... and they say that since you took fuel, you can not give rides.- If you take no "anything"... including air for your tir es I suppose, or even instructions to where the bathroom is,- well then.. . possibly maybe you could be safe giving rides.... but the experts think t hat it is just best to fore go the rides.-- Really.- =0A-=0AThis so unds to me very much like people who think the only reason to bring aircraf t to such an event anyway is to fly mass formation flights and nothing else .- Possibly add some acro to the list and maybe a few photo sessions.- Then hey... as long as you have that commercial ticket you can-fill up th e tanks, grab as much oil as you can, and haul ass with a smile on your fac e.-- "We now be "airshow performers" .... well fine, if that is what ma kes you happy.- =0A-=0ANo Craig, I am not talking about you.- I have a lot of respect for you as a person and a pilot.- However, I do NOT agre e with your point of view.- So.. what else is new?--:-)---Sorry !=0A-=0A--- Aviation in this country EVOLVED from people taking oth ers up for rides.- The Young Eagles program is STILL all about that.- T here is no question that the FAA does not really like the idea of Jo Pilot giving rides, and if they can come up with some reason to disallow it, they will.- In fact they have.- =0A-=0ASo PERSONALLY..... I would rather show up as a regular old pilot... take NOTHING for free and give as many ri des as I possibly can, because that is what aviation is all about.- Again , that is in MY opinion.- =0A-=0AWhat we all SHOULD do is to write lett ers to the FAA about this, and see what they say.- Following that are let ters to the people we have ELECTED, which is a category the FAA does NOT fi t into.- Something they and others usually forget.- =0A-=0AYour own m ileage may vary.- =0A-=0AMark Bitterlich=0A-=0A-=0A-=0A=0A=0A=0A- ---- Original Message ----=0AFrom: Roger Kemp MD <viperdoc@mindspring.com> =0ATo: yak-list@matronics.com=0ASent: Sunday, September 14, 2008 9:55:15 AM =0ASubject: RE: Yak-List: Re: Passenger carrying flights for compensation a doc@mindspring.com>=0A=0AHmm...all the more reason to simply avoid the Air Show circus and fly with=0Afriends. Then I can fly who I want when I want o n my dime and have to prove=0Acrap to the FAA. Sure there are plenty of sce narios in which the sky Gestapo=0Acan question in the non waivered airspace scenario.=0ADoc=0A=0A-----Original Message-----=0AFrom: owner-yak-list-ser ver@matronics.com=0A[mailto:owner-yak-list-server@matronics.com] On Behalf Of Craig Winkelmann,=0ACFI=0ASent: Saturday, September 13, 2008 2:57 PM=0AT o: yak-list@matronics.com=0ASubject: Yak-List: Re: Passenger carrying fligh "Craig Winkelmann, CFI" <capav8r@gmail.com>=0A=0AMark:=0A=0AAs this is not an RPA forum, I'll not get into any RPA stuff.=0A=0AAs for Experimental Ai rcraft, there are many deviations authorized by "The=0AAdministrator" that allow for training and charging for flights - that was=0Anot the intent of this thread.=0A=0AAs for the FAA, they will look at anything as compensatio n - free water,=0Afood, oil, gas, smoke oil, tie-down spots, prostitutes, w hat have you.- If=0Ayou are issued a violation for flying a person in an aircraft for=0Acompensation, it had better not be a Experimental Aircraft, and you had=0Abetter be a Commercial Pilot (with a Second Class medical so you can=0Aexercise the privileges of said license- :D )- You will be gu ilty until you=0Acan prove that the fuel in your tank that you used to fly the VIP is=0Adifferent than the fuel you got for being in or at the airshow .- All the=0Aletter you reference will be is an exhibit that your lawyer can use to try=0Aand defend your case.=0A=0AIf the FAA can use the logic fo r CAP that I posted in another thread, where=0Athe simple matter of logging flight time was compensation, they can use=0Aanything.=0A=0AOh, and for th e Commercial ticket, there are scenarios the examiner I took=0Amy checkride with that would seem to be valid operations with a Commercial=0ALicense bu t were not as they moved you into a Part 135 operation (eg.=0Aproviding the pilot services AND the airplane for a flight for which you=0Awere compensa ted).=0A=0AAnd for another thing, it would be best if you were an AOPA memb er and took=0Aadvantage of their legal protection program or you may have a large legal=0Abill to prove your point with the FAA.=0A=0ARegards,=0A=0ACr aig=0A=0A=0A=0A=0ARead this topic online here:=0A=0Ahttp://forums.matronics .com/viewtopic.php?p 4142#204142=0A=0A=0A=0A=0A=0A=0A=0A=0A=0A=0A=0A=0A -======================== ========================


    Message 4


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    Time: 04:53:37 PM PST US
    Subject: Re: Passenger carrying flights for compensation at airshows
    - an
    From: cjpilot710@aol.com
    Than in a sence they (feds) have beat you.? Of course not all feds are this way.? I am not being Pollyanna but its not all?that bad at there.? There some FSDOs who have jerks in them or jerks who run them.? With the bombers, we seem to always have someone in SC who keeps trying to make some kind of point, to which we simply point them to the FSDO who "controls" us.? That FSDO backs us 100% The most "refreshing" fed I ever met at a airshow, at the briefing simply got up and asked 'Is everyone here?that is?getting fuel, have a commercial ticket and a current 2nd class medical?? - - - - OK, I assume you do.? I don't need to see your stuff.? BUT, if something happens, I'll hang your asses so far up on the pole - - - - -".? That was good enough for me because it showed a level of trust on their part. The airshow flying is fun to me.? I love it.? I keep meeting new people all the time.? I love the adoration of the women and kids.? I am a ham pure and simple.? At my age what's left!? Even the best laid plans thought during the briefings sometimes don't work, BUT you adjust.? You get to know the different airbosses, how they run things and what they will & will not do.? You build a trust amongst them.? They get to know you by name and what they can trust your group with.? You all end up making a show.? That show is 99.999% of the time a positive thing for aviation. Jim "Pappy" Goolsby -----Original Message----- From: Roger Kemp MD <viperdoc@mindspring.com> Sent: Sun, 14 Sep 2008 8:55 am Subject: RE: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Hmm...all the more reason to simply avoid the Air Show circus and fly with friends. Then I can fly who I want when I want on my dime and have to prove crap to the FAA. Sure there are plenty of scenarios in which the sky Gestapo can question in the non waivered airspace scenario. Doc -----Original Message----- From: owner-yak-list-server@matronics.com [mailto:owner-yak-list-server@matronics.com] On Behalf Of Craig Winkelmann, CFI Sent: Saturday, September 13, 2008 2:57 PM Subject: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Mark: As this is not an RPA forum, I'll not get into any RPA stuff. As for Experimental Aircraft, there are many deviations authorized by "The Administrator" that allow for training and charging for flights - that was not the intent of this thread. As for the FAA, they will look at anything as compensation - free water, food, oil, gas, smoke oil, tie-down spots, prostitutes, what have you. If you are issued a violation for flying a person in an aircraft for compensation, it had better not be a Experimental Aircraft, and you had better be a Commercial Pilot (with a Second Class medical so you can exercise the privileges of said license :D ) You will be guilty until you can prove that the fuel in your tank that you used to fly the VIP is different than the fuel you got for being in or at the airshow. All the letter you reference will be is an exhibit that your lawyer can use to try and defend your case. If the FAA can use the logic for CAP that I posted in another thread, where the simple matter of logging flight time was compensation, they can use anything. Oh, and for the Commercial ticket, there are scenarios the examiner I took my checkride with that would seem to be valid operations with a Commercial License but were not as they moved you into a Part 135 operation (eg. prov iding the pilot services AND the airplane for a flight for which you were compensated). And for another thing, it would be best if you were an AOPA member and took advantage of their legal protection program or you may have a large legal bill to prove your point with the FAA. Regards, Craig Read this topic online here: http://forums.matronics.com/viewtopic.php?p 4142#204142


    Message 5


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    Time: 07:55:49 PM PST US
    From: "Roger Kemp MD" <viperdoc@mindspring.com>
    Subject: Re: Passenger carrying flights for compensation at airshows
    - an Pappy, In a sense they have. That and encountering clueless pilots trying to land at the air show. Pad locked on entering downwind hearing or ignoring position calls from myself already in the pattern. And yes, you are a ham. :>)) But saying my comment about avoiding air shows was tongue in cheek. It was also made based a personal experience and on the experience a friend had after having a 3 year old break away from his bozo dad and run straight for his prop. I decided I did not need that kind of liability at some of these local air shows. He killed his engine before the kid got to his plane but what if he had not seen that child running across the static ramp? I have had spectators walk near the nose of my Aircraft with a marshaler standing out in front as I was taxing to leave the show after sitting static. Who is going to be responsible for that law suit if one of those spectators got hurt by my aircraft? Part of that was my fault for having a career that required me to be back in the office on Monday morning. The times I have done static in the guard or on active duty for that matter, we did not depart until the morning after the show. The ramp was empty except for our support folks. So never had that experience with the squadron jets. Only when I took my personal bird did it happen. My friend, I do this for fun. I've had plenty of adoration from the crowds in my life to fill that square and pay for a number of T shirts. I'm just happy boring holes in the sky entertaining myself filling my weekly" air under my ass" square. Doc From: owner-yak-list-server@matronics.com [mailto:owner-yak-list-server@matronics.com] On Behalf Of cjpilot710@aol.com Sent: Sunday, September 14, 2008 6:53 PM Subject: Re: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Than in a sence they (feds) have beat you. Of course not all feds are this way. I am not being Pollyanna but its not all that bad at there. There some FSDOs who have jerks in them or jerks who run them. With the bombers, we seem to always have someone in SC who keeps trying to make some kind of point, to which we simply point them to the FSDO who "controls" us. That FSDO backs us 100% The most "refreshing" fed I ever met at a airshow, at the briefing simply got up and asked 'Is everyone here that is getting fuel, have a commercial ticket and a current 2nd class medical? - - - - OK, I assume you do. I don't need to see your stuff. BUT, if something happens, I'll hang your asses so far up on the pole - - - - -". That was good enough for me because it showed a level of trust on their part. The airshow flying is fun to me. I love it. I keep meeting new people all the time. I love the adoration of the women and kids. I am a ham pure and simple. At my age what's left! Even the best laid plans thought during the briefings sometimes don't work, BUT you adjust. You get to know the different airbosses, how they run things and what they will & will not do. You build a trust amongst them. They get to know you by name and what they can trust your group with. You all end up making a show. That show is 99.999% of the time a positive thing for aviation. Jim "Pappy" Goolsby -----Original Message----- From: Roger Kemp MD <viperdoc@mindspring.com> Sent: Sun, 14 Sep 2008 8:55 am Subject: RE: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Hmm...all the more reason to simply avoid the Air Show circus and fly with friends. Then I can fly who I want when I want on my dime and have to prove crap to the FAA. Sure there are plenty of scenarios in which the sky Gestapo can question in the non waivered airspace scenario. Doc -----Original Message----- From: owner-yak-list-server@matronics.com [mailto:owner-yak-list-server@matronics.com <mailto:owner-yak-list-server@matronics.com?> ] On Behalf Of Craig Winkelmann, CFI Sent: Saturday, September 13, 2008 2:57 PM Subject: Yak-List: Re: Passenger carrying flights for compensation at airshows - an Mark: As this is not an RPA forum, I'll not get into any RPA stuff. As for Experimental Aircraft, there are many deviations authorized by "The Administrator" that allow for training and charging for flights - that was not the intent of this thread. As for the FAA, they will look at anything as compensation - free water, food, oil, gas, smoke oil, tie-down spots, prostitutes, what have you. If you are issued a violation for flying a person in an aircraft for compensation, it had better not be a Experimental Aircraft, and you had better be a Commercial Pilot (with a Second Class medical so you can exercise the privileges of said license :D ) You will be guilty until you can prove that the fuel in your tank that you used to fly the VIP is different than the fuel you got for being in or at the airshow. All the letter you reference will be is an exhibit that your lawyer can use to try and defend your case. If the FAA can use the logic for CAP that I posted in another thread, where the simple matter of logging flight time was compensation, they can use anything. Oh, and for the Commercial ticket, there are scenarios the examiner I took my checkride with that would seem to be valid operations with a Commercial License but were not as they moved you into a Part 135 operation (eg. providing the pilot services AND the airplane for a flight for which you were compensated). And for another thing, it would be best if you were an AOPA member and took advantage of their legal protection program or you may have a large legal bill to prove your point with the FAA. Regards, Craig Read this topic online here: http://forums.matronics.com/viewtopic.php?p 4142#204142 _____ Looking for spoilers and reviews on the new TV season? Get <http://television.aol.com/feature/fall_tv?ncid=aoletv00050000000037> AOL's ultimate guide to fall TV.




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