Narrative:

I departed det on an IFR flight carrying checks for another charter company who normally carried them. Unknown to me, or their company's flight who was instructed by his company to ride along with me and take care of paperwork, their company had been shut down earlier in the day for violations. I had a flight plan filed under my own aircraft north#, but did not use it as their pilot informed me their company had a canned plan and I could use it along with their company's special flight # call sign, atx. All during the operations I did not let their pilot fly or navigation the aircraft. I did, however, allow him to speak on the radio with controllers various times during the flight while I flew. Upon landing at bkl, we were ramp checked by the FAA. A couple of the questions we were asked were: 1) did I use the atx call sign? Answer: yes. 2) did I let the other pilot fly? Answer: no. 3) did I let him use the radios? Answer: yes. According to the FAA, I was wrong to use the atx call sign and flight plan, and also wrong to let him talk on the radio. At this time I am unsure of the FAA's plan of action, if any. My reasoning behind what I did was I believed since the bigger airlines use other companies aircraft and they still call themselves by their own names, I could too. I wasn't really sure of the regulations behind it and realize I was slothful in not being sure before I did use the call sign and flight plan. I asked one of the feds the next night when I was on the same run again why I couldn't use it and he couldn't tell me why exactly either. In fact, he said no one in the cleveland FAA office seemed to know for sure right now, but they were researching it. He was a new hire though, so it's hard to tell if he knew all that was going on. On the other point of letting the other pilot talk on the radios, I was aware of the far part 135 regulation about letting someone else fly the aircraft who is not a crew member. That regulation 135.115 says 'manipulate the flight controls,' which I took to believe as just that, flight controls--rudder, ailerons, flaps, gear, elevator. Evidently the FAA takes it to mean everything including the radios. My thinking is borderline I believe probably, but so is theirs. I think things need to be stated a little more clearly. For sure thought, I would not have let anyone talk on the radios if they were not pilots, far 135 qualified. At no time during the flight was there any undue hazard or danger that occurred. The flight went as normal. In closing, I concur I may have been illegal in what I did. If I was, it was lack of information or understanding on my part and not a good decision by me, but I did not set out to intentionally break any regulation. I try my darndest to always do things by the book.

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Original NASA ASRS Text

Title: CHARTER SMT OPERATING FOR AN ATX THAT HAD BEEN SHUT DOWN BY THE FAA FOR VIOLATIONS USED THE ATX FLT # WHILE OPERATING FOR THE ATX.

Narrative: I DEPARTED DET ON AN IFR FLT CARRYING CHKS FOR ANOTHER CHARTER COMPANY WHO NORMALLY CARRIED THEM. UNKNOWN TO ME, OR THEIR COMPANY'S FLT WHO WAS INSTRUCTED BY HIS COMPANY TO RIDE ALONG WITH ME AND TAKE CARE OF PAPERWORK, THEIR COMPANY HAD BEEN SHUT DOWN EARLIER IN THE DAY FOR VIOLATIONS. I HAD A FLT PLAN FILED UNDER MY OWN ACFT N#, BUT DID NOT USE IT AS THEIR PLT INFORMED ME THEIR COMPANY HAD A CANNED PLAN AND I COULD USE IT ALONG WITH THEIR COMPANY'S SPECIAL FLT # CALL SIGN, ATX. ALL DURING THE OPS I DID NOT LET THEIR PLT FLY OR NAV THE ACFT. I DID, HOWEVER, ALLOW HIM TO SPEAK ON THE RADIO WITH CTLRS VARIOUS TIMES DURING THE FLT WHILE I FLEW. UPON LNDG AT BKL, WE WERE RAMP CHKED BY THE FAA. A COUPLE OF THE QUESTIONS WE WERE ASKED WERE: 1) DID I USE THE ATX CALL SIGN? ANSWER: YES. 2) DID I LET THE OTHER PLT FLY? ANSWER: NO. 3) DID I LET HIM USE THE RADIOS? ANSWER: YES. ACCORDING TO THE FAA, I WAS WRONG TO USE THE ATX CALL SIGN AND FLT PLAN, AND ALSO WRONG TO LET HIM TALK ON THE RADIO. AT THIS TIME I AM UNSURE OF THE FAA'S PLAN OF ACTION, IF ANY. MY REASONING BEHIND WHAT I DID WAS I BELIEVED SINCE THE BIGGER AIRLINES USE OTHER COMPANIES ACFT AND THEY STILL CALL THEMSELVES BY THEIR OWN NAMES, I COULD TOO. I WASN'T REALLY SURE OF THE REGS BEHIND IT AND REALIZE I WAS SLOTHFUL IN NOT BEING SURE BEFORE I DID USE THE CALL SIGN AND FLT PLAN. I ASKED ONE OF THE FEDS THE NEXT NIGHT WHEN I WAS ON THE SAME RUN AGAIN WHY I COULDN'T USE IT AND HE COULDN'T TELL ME WHY EXACTLY EITHER. IN FACT, HE SAID NO ONE IN THE CLEVELAND FAA OFFICE SEEMED TO KNOW FOR SURE RIGHT NOW, BUT THEY WERE RESEARCHING IT. HE WAS A NEW HIRE THOUGH, SO IT'S HARD TO TELL IF HE KNEW ALL THAT WAS GOING ON. ON THE OTHER POINT OF LETTING THE OTHER PLT TALK ON THE RADIOS, I WAS AWARE OF THE FAR PART 135 REG ABOUT LETTING SOMEONE ELSE FLY THE ACFT WHO IS NOT A CREW MEMBER. THAT REG 135.115 SAYS 'MANIPULATE THE FLT CTLS,' WHICH I TOOK TO BELIEVE AS JUST THAT, FLT CTLS--RUDDER, AILERONS, FLAPS, GEAR, ELEVATOR. EVIDENTLY THE FAA TAKES IT TO MEAN EVERYTHING INCLUDING THE RADIOS. MY THINKING IS BORDERLINE I BELIEVE PROBABLY, BUT SO IS THEIRS. I THINK THINGS NEED TO BE STATED A LITTLE MORE CLEARLY. FOR SURE THOUGHT, I WOULD NOT HAVE LET ANYONE TALK ON THE RADIOS IF THEY WERE NOT PLTS, FAR 135 QUALIFIED. AT NO TIME DURING THE FLT WAS THERE ANY UNDUE HAZARD OR DANGER THAT OCCURRED. THE FLT WENT AS NORMAL. IN CLOSING, I CONCUR I MAY HAVE BEEN ILLEGAL IN WHAT I DID. IF I WAS, IT WAS LACK OF INFO OR UNDERSTANDING ON MY PART AND NOT A GOOD DECISION BY ME, BUT I DID NOT SET OUT TO INTENTIONALLY BREAK ANY REG. I TRY MY DARNDEST TO ALWAYS DO THINGS BY THE BOOK.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.