Gregory J. Reigel
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A site devoted to aviation law, safety and security.

September 26, 2011

Purchasing Experimental Aircraft: Trust, But Verify

In a recent opinion issued by the National Transportation Safety Board, the Board affirmed an order suspending an airman's certificate for violations that occurred in connection with his operation of an experimental helicopter he had recently purchased. The case addresses both registration and airworthiness issues that should be addressed by the purchaser of an experimental aircraft. For a more detailed discussion of the issues in the case, please read my latest article: Experimental Helicopter Purchaser Receives Suspension For Registration And Airworthiness Violations.

Posted by Greg

September 09, 2011

DOT Releases Corrected SIFL Rates

The U.S. Department of Transportation has corrected the erroneous Standard Industry Fare Level ("SIFL") rates it previously issued on August 25. These rates are needed in order to apply the IRS's aircraft valuation formula to compute the value of non-business transportation aboard employer-provided aircraft and impute the income of the employee as required by the Internal Revenue Service Rules Section 1.61-21(g).

The correct SIFL rates for the six-month period from July 1, 2011 to December 31, 2011, are: 0500 miles $0.2395; 501-1,500 miles $0.1826; over 1,500 miles $0.1756; and Terminal Charge of $43.79. If you are an employer and an employee or a non-employee guest or family member is flown on your aircraft, the flight is potentially taxable to the individual receiving the ride. The aircraft valuation formula applies on a per-flight, per-person basis and will be calculated using the distance in statute miles from where the individual boards the aircraft to where the individual deplanes.

Posted by Greg

September 07, 2011

When Is A Privately Owned Aircraft Operated By The Military A "Public Aircraft"?

The answer to this question is governed by 49 U.S.C. 40125 and, according to a recent FAA Legal Interpretation, is determined on a "flight by flight" basis based on a number of factors. Section 40125(c) sets the operation-specific criteria for determining public-aircraft status.

For example, if the aircraft is chartered to provide transportation or other commercial air service to the armed forces, then the Secretary of Defense must designate the operation of the aircraft as being required in the national interest in order for it to be considered a public aircraft operation. Similarly, operations under contract with the military may be considered public aircraft operations. However, according to a March, 2011 Notice of Policy Regarding Civil Aircraft Operators Providing Contract Support to Government Entities (Public Aircraft Operations), unless the FAA receives a declaration from the military or other government entity that flights under the contract are considered valid public operations and will only be operated within U.S. airspace, it will consider the operations civil operations.

Why is this distinction important? Because civil operations are governed by and must comply with the FARs, but public aircraft operations do not need to comply with the FARs. Thus, public aircraft operations are not required to comply with the operational limitations or maintenance requirements of the FARs nor are they subject to FAA enforcement for failure to comply with these FARs during public aircraft operations. However, in order to ensure that the FAA will recognize their public aircraft status, public aircraft operators will need to ensure that they comply with the applicable statutory requirements and with the FAA's policy on public aircraft operations.

Posted by Greg

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