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Airshow Compensation and comm lic req.

 
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lacloudchaser(at)yahoo.co
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PostPosted: Tue Feb 28, 2006 6:04 am    Post subject: Airshow Compensation and comm lic req. Reply with quote

Folks,
 
I just got back from the National Warbird Operators Conference ('NWOC'), where we had a FAST National BoD meeting (the RPA makes up one signatory and board seat, all other warbird organizations who are FAST signatories make up the rest), which was attended by Jeff Weller from the FAA in Wash DC.  I spoke about the compensation and commercial licensing issue with Jeff, who works in the general av. and commercial division and is the FAA National Airshow Coordinator.  He is working closely with FAST National on several issues concerning formation standardization (the national president is Mike Filucci by the way).  This issue of compensation effects every FAST pilot without a commercial ticket, and effects the RPA (and volunteers who are setting up) RedStars mass formation teams (see flyredstar.org 'airshow center').  I write the following with the personal belief that this is strictly a compensation i ssue; the commercial ticket does not reflect a qualitative differance in aviators holding the FAST card, it is, in the end, simply a rule on the books dealing with commercial services/compensation and thus having an appropriate commercial rating - and it's my belief it is overly restrictive and has a negative effect on the ability of FAST, and other approved formation certification bodies, to support the airshow industry and the general public interest.
 
The following are his statements in response to my questions:
 
Q:  Where do we find what is defined as compensation or catagories that may not apply?
 
A:  There are some compensation catagories that do not require a commercial license, they are quite limited, they can be researched through FAR 91.500 (or) 501. 
 
Q:  How do we petition to gain a waiver/exemption/change to this regulation/rule?
 
A:  No easy task, this would have to be taken up with general counsel (FAA legal dept. chock full of Lawyers) in Washington DC. 
 
Please note that Jeff is close to the puzzle palace and a good source of information, but we are dealing with compensation issues, we have no idea if the FAA rule is impacted by IRS regulations/rulings requiring their involvement!  I have no idea, and it shouldn't stop citizens from taking action regardless... 
 
It wasn't a hopeful discussion, however, you have to start somewhere - now, our current volunteers in the assoc. are loaded up, if someone effected by this ruling would like to help, here is my suggestion. 
 
1. Research the regulation and rule extensively, the best way to argue the merits of your position is to have an equal command of that regulation a s the does the enforcer/interpreter. Jeff mentioned the details could be found in 91.500 or 501 which should be online - warning, I've never met a FSDO who could remember every regulation, but take a look.
 
2. In requesting a waiver or rule change, be extremely specific, if its contractually provided hotel rooms on the dates that FAST pilots performing formation in waivered airspace and/or replacement of used aviation fuel in the process of operating a US registered aircraft in waivered airspace during the airshow or aerial event, then that should be clear, with clear limits; No other form of compensation in lieu of ....can or will be accepted...you get the idea.
 
3. Author a letter to the FAST National Board of Directors through the RPA that professionally lays out the issues and requests/proposed action (#2).  The RPA is an equal signatory to FAST National and a member of the Board and the letter can be p resented to all other board members for consideration and endorsement - the idea being if their membership is negatively effected, we want the endorsement of the entire FAST formation community that serves the US Airshow Industry.  If this had even a snowballs chance in hell, in my opinion it has even less if it just shows up as a request from 60 pilots who fly imported eastern block aircraft.
 
4. A waiver package/request for rule change (don't ask for more than they can give, a waiver is an FAA word, a rule change is probably not in their vocabulary) with the letter then heads to the FAA (General Counsel, Airshow Coordinator and other parties in the FAA).  
 
Of course, thats just presenting the issue and solution with some backing and in a format the Legal Department (and other parties) would at least be pressed to read/review - no doubt, someone would need to face to face or via phon e meeting emphasize the numbers of professionally FAST trained-qualified pilots, and airshows, negatively effected by the current regulation/ruling and the merits of such a waiver/rule change suggestion, etc.
 
These steps are just a suggestion, and I did not address this to the static displays.  I suspect someone has a very differant view on approaching the subject, if you would like to contact the FAA in DC that's certainly your right;here's the address:
 
800 Independance Ave.  S.W.
Washington DC 20591
 
Hope this helps,
 
Drew
 
Drew Blahnick
President
RedStar Pilots Association
 
 
 
 
 
 
Time: 07:26:57 PM PST US
From: "Ron Davis" <L39parts(at)hotmail.com>
Subject: Re: Re: compensation issue, my second last try.

The exemption is for passengers to share expenses.  IMHO the FAA is on
shaky legal
ground as far as compensation for static display.  You don't need any
license
to own a plane and all of the FARs on commercial operations refer to
carrying
passengers or cargo for hire or a flight for hire (delivering a plane,
towing
a glider, etc).

Museums charge people to look at their planes.  Does the person selling
the tickets
have commercial license?  Does the guy who owns the museum?  It started
out
to be a policy of not giving fuel to Private pilots who flew in the
show and
spiraled out of control to include sandwiches.

Sadly, my opinion doesn't count.  You need to find a judge that feels
this way.
  ---


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PostPosted: Sat Apr 23, 2022 3:52 am    Post subject: Re: Airshow Compensation and comm lic req. Reply with quote

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