Narrative:

I was to take a charter to dickinson to pick up some children for a flight to devil's lake, nd. The schedule called for 4 children and gave their weights. Having completed the load manifest for the flight, I left for dik. Arriving, I found 5 children waiting. They ranged in years from 2-18. Expecting only 4 children, I had brought an additional pilot along for company so we were now short seats. Unable to find a regulation in part 135 concerning seat and seat belt usage, I referred to part 91. This regulation seemed to allow the double occupancy of seats. Having done this, I continued on the flight. Having returned to bismarck I found, in the preamble of part 135, the prohibition of doing this. The confusion in this incident came from the vagueness of the regulation in part 135.

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Original NASA ASRS Text

Title: SMA CHARTER PLT EXECUTES TKOF WITH 1 TOO MANY PAX AND FAILS TO ALTER WT MANIFEST TO REFLECT THIS.

Narrative: I WAS TO TAKE A CHARTER TO DICKINSON TO PICK UP SOME CHILDREN FOR A FLT TO DEVIL'S LAKE, ND. THE SCHEDULE CALLED FOR 4 CHILDREN AND GAVE THEIR WTS. HAVING COMPLETED THE LOAD MANIFEST FOR THE FLT, I LEFT FOR DIK. ARRIVING, I FOUND 5 CHILDREN WAITING. THEY RANGED IN YEARS FROM 2-18. EXPECTING ONLY 4 CHILDREN, I HAD BROUGHT AN ADDITIONAL PLT ALONG FOR COMPANY SO WE WERE NOW SHORT SEATS. UNABLE TO FIND A REG IN PART 135 CONCERNING SEAT AND SEAT BELT USAGE, I REFERRED TO PART 91. THIS REG SEEMED TO ALLOW THE DOUBLE OCCUPANCY OF SEATS. HAVING DONE THIS, I CONTINUED ON THE FLT. HAVING RETURNED TO BISMARCK I FOUND, IN THE PREAMBLE OF PART 135, THE PROHIBITION OF DOING THIS. THE CONFUSION IN THIS INCIDENT CAME FROM THE VAGUENESS OF THE REG IN PART 135.

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.