§91.146

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§ 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.

(a) Definitions. For purposes of this section, the following definitions apply:

Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety.

(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:

(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;
(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;
(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a formation flight;
(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day VFR conditions;
(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;
(9) A private pilot acting as pilot in command has at least 500 hours of flight time;
(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and
(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.

(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.

(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.

(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.

(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is scheduled:

(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;
(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.
Part §91 Subpart B — Flight Rules
§91.101 Applicability • §91.103 Preflight • §91.105 Crewmembers at stations • §91.107 Seatbelts • §91.109 Flight instruction • §91.111 Near other aircraft
§91.113 Right-of-way • §91.115 Right-of-way on water • §91.117 Speed Limits • §91.119 Minimum altitudes • §91.121 Altimeter • §91.123 ATC instructions • §91.125 Light signals
§91.126 Class G • §91.127 Class E • §91.129 Class D • §91.130 Class C • §91.131 Class B • §91.133 Restricted areas • §91.135 Class A
§91.137 TFRs • §91.138 Hawaiian TFRs • §91.139 Emergency traffic • §91.141 Presidential TFRs • §91.143 Space ops • §91.144 High barometric pressure
§91.145 Air shows & and sporting events • §91.146 Charity flights • §91.147 Paying-passenger flights
§91.151 VFR Fuel reserves • §91.153 VFR flight plans • §91.155 VFR weather minimums • §91.157 Special VFR • §91.159 VFR cruising altitude • §91.161 DC ADIZ
§91.167 IFR Fuel reserves • §91.169 IFR flight plans • §91.171 VOR test • §91.173 ATC clearances • §91.175 IFR Takeoffs and landing
§91.177 IFR Minimum altitudes • §91.179 IFR cruising altitudes • §91.180 RVSM • §91.181 Course flown • §91.183 IFR comm. • §91.185 IFR radio failure
§91.187 Malfunctions in IFR • §91.189 Cat II & III ops. • §91.191 Cat II & III manual • §91.193 Certain Cat II ops.