advertising for CFI services-holding out

utahpilot

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if I put an ad in the paper or on the board at the airport for flight instruction, that's not holding out is it? someone told me it was. I don't see the coflict with the FAR if I'm advertising flight instruction, as a freelancer

anyone?
 

Buzo

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No it is not. You are advertising instructor services, not pilot services.
 

avbug

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It is holding out, but it is not illegal. Holding out per se, is not illegal.

You may advertise for pilot services and for flight instruction services, without impunity.

You may not hold out as a public conveiance for common carriage for property or personnel without an operating certificate. However, you may sell instruction or pilot services without a problem.

Sell yourself. No one else will.
 

flywithruss

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Right on ... this is absolutely legal. Remember there is a list of exceptions in Part 91 for things that could otherwise be construed as holding out ... flight instruction, banner towing, local sightseeing, glider towing, etc. Go ahead and offer your CFI services all you want, and know that you are squarely within the confines of Part 91 every moment you do so.

Tailwinds, y'all ...

R
 

avbug

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Operating under Part 91 has nothing to do with it. One may advertise instruction or pilot services all one wants. Where holding out becomes an issue is advertising public conveyance or goods or people for hire, without an operating certificate.

For example, one may advertise as a pilot willing to fly an individuals airplane to another location, without a problem. One may not, however, advertise the carriage of people to another location for hire, without an operating certificate.

The "who" in who provides the airplane plays a big part.

The actual advertising or services does not require an exeption under Part 91, as there is no prohibition against doing so, at all.
 

onetaco

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OK, here's a follow up to the original question. We've established that it's OK to advertise for flight instruction. What if that instruction happens in a plane that the instructor owns. Can the instructor make $$ on the aircraft rental as well as the dual given?
 

cvsfly

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Like they said you can advertise your services and the aircraft rental all day long for instruction, sightseeing (within 25 nm of base, aerial photo, etc. Where you would get into trouble is if you offered for compensation (which means you don't even have to get paid if interpreted as value gained - time logged, etc.) to convey people from point A to B. This is Charter under Part 135. Some people try to do it under the guise of instruction, but eventually it will catch up with you.
 

avbug

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One taco,

Yes, you can advertise instruction, in your airplane or anybody elses. With respect to transporting people or goods over a distance or between any two points, the intent of the operation must be looked at on a case by case basis. I don't think that was the intent of your question, however.

You seem to be concerned about advertising yourself, and the ramifications of advertising your services if an airplane comes with it. If you're advertising your services for flight instruction, aerial application, etc, then you have no problem.

If you're advertising to carry people or goods from A to B, then you have a problem, if not working under an FAA operating certificate.
 

Flint

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What if...

What if the employer is the one who rents the plane and then hiers you to fly it. Keep in mind the employer has the rental in his name eventhough, he is not a pilot. Odds are, nobody would rent to a guy without a ticket and insurance would cover either, but for a hypothetical.
 

avbug

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Flint,

For the purposes of giving flight instruction, nothing changes. If the student owns the airplane then a 100 hour inspection isn't required, but the guidelines for holding out don't change in this respect.

If the owner of the aircraft wishes to hire a pilot to fly him somewhere, or his friends or even his gear, then this is legal. If the pilot provides the aircraft to do the same thing, it's not legal without an operating certificate.
 

onetaco

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avbug said:

If the owner of the aircraft wishes to hire a pilot to fly him somewhere, or his friends or even his gear, then this is legal. If the pilot provides the aircraft to do the same thing, it's not legal without an operating certificate.

Avbug,
What if I, the pilot and owner of a plane, sell a small fraction (i.e. 1/20 share) of my plane to the above guy thereby making him a part owner. Can I now fly him and his buddies and his gear around without an operating certificate?

Thanks in advance,
Onetaco
 
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