Narrative:

I was at work in sweat clothes on my day off. I received a phone call from charter company asking if it would be possible to charter some people to newark. I said let me get back to you. I called my boss. He said our planes were down for repairs and unable. I called charter company back and said that a charter would not be possible. Then I offered to rent the people the airplane and told them I would take them there at the cost of the airplane, no compensation to myself. They agreed. I picked them up at the terminal and we went off to newark. At newark I was approached by 2 FAA personnel who idented themselves and asked for my certificates, then realizing it was not in my pocket due to wearing sweats without pockets. I said I don't have it on me. He then said I was in violation, took my name and address and said you will probably hear from our office. I then called home and had my certificates flown down to newark. I got them at XX15 pm. I looked all over for the FAA inspectors. After 30 mins of looking, myself and my friend flew home. On apr/thu/93, I received a phone call from mr. X of the FAA in portland, me, to inform me that I was under investigation for conducting charter operations. I told him how I didn't think that was possible. I just flew 3 gentlemen down to newark at the cost of the aircraft rental with no compensation to myself. I have always had the understanding that charters are part 135. Both plane and pilot must be part 135 certified and both receive compensation for conducting the flight. I don't understand how I could be accused of performing a charter if I was not to receive any compensation for the flight and the passenger knew this. Now I feel cheated, because this misunderstanding could cost me my career. I hope this area will be covered in more detail in the next far/aim to prevent others from making any costly mistakes. Callback conversation with reporter revealed the following information: the reporting pilot believes that someone tipped off the FAA as the FAA was waiting for him when he got to ewr. There is no doubt that he did not have his pilot certificate with him, but he does not understand why the FAA is after him on the charter flight situation. The reporter's employer does not have a part 135 certificate and the airplane that he flew is not listed on any part 135 certificate. The reporter says that he told the FAA at ewr that he was operating under part 91, but they were not impressed. The reporter has gotten himself an aviation lawyer who wants one thousand dollars and believes that he can help.

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Original NASA ASRS Text

Title: AN SMA COMMERCIAL PLT HAS BEEN ACCUSED OF MAKING A PART 135 CHARTER WHILE HE THOUGHT THAT HE WAS OPERATING UNDER PART 91. HE ALSO DID NOT HAVE HIS PLT'S CERTIFICATE WITH HIM FOR A RAMP CHK.

Narrative: I WAS AT WORK IN SWEAT CLOTHES ON MY DAY OFF. I RECEIVED A PHONE CALL FROM CHARTER COMPANY ASKING IF IT WOULD BE POSSIBLE TO CHARTER SOME PEOPLE TO NEWARK. I SAID LET ME GET BACK TO YOU. I CALLED MY BOSS. HE SAID OUR PLANES WERE DOWN FOR REPAIRS AND UNABLE. I CALLED CHARTER COMPANY BACK AND SAID THAT A CHARTER WOULD NOT BE POSSIBLE. THEN I OFFERED TO RENT THE PEOPLE THE AIRPLANE AND TOLD THEM I WOULD TAKE THEM THERE AT THE COST OF THE AIRPLANE, NO COMPENSATION TO MYSELF. THEY AGREED. I PICKED THEM UP AT THE TERMINAL AND WE WENT OFF TO NEWARK. AT NEWARK I WAS APCHED BY 2 FAA PERSONNEL WHO IDENTED THEMSELVES AND ASKED FOR MY CERTIFICATES, THEN REALIZING IT WAS NOT IN MY POCKET DUE TO WEARING SWEATS WITHOUT POCKETS. I SAID I DON'T HAVE IT ON ME. HE THEN SAID I WAS IN VIOLATION, TOOK MY NAME AND ADDRESS AND SAID YOU WILL PROBABLY HEAR FROM OUR OFFICE. I THEN CALLED HOME AND HAD MY CERTIFICATES FLOWN DOWN TO NEWARK. I GOT THEM AT XX15 PM. I LOOKED ALL OVER FOR THE FAA INSPECTORS. AFTER 30 MINS OF LOOKING, MYSELF AND MY FRIEND FLEW HOME. ON APR/THU/93, I RECEIVED A PHONE CALL FROM MR. X OF THE FAA IN PORTLAND, ME, TO INFORM ME THAT I WAS UNDER INVESTIGATION FOR CONDUCTING CHARTER OPS. I TOLD HIM HOW I DIDN'T THINK THAT WAS POSSIBLE. I JUST FLEW 3 GENTLEMEN DOWN TO NEWARK AT THE COST OF THE ACFT RENTAL WITH NO COMPENSATION TO MYSELF. I HAVE ALWAYS HAD THE UNDERSTANDING THAT CHARTERS ARE PART 135. BOTH PLANE AND PLT MUST BE PART 135 CERTIFIED AND BOTH RECEIVE COMPENSATION FOR CONDUCTING THE FLT. I DON'T UNDERSTAND HOW I COULD BE ACCUSED OF PERFORMING A CHARTER IF I WAS NOT TO RECEIVE ANY COMPENSATION FOR THE FLT AND THE PAX KNEW THIS. NOW I FEEL CHEATED, BECAUSE THIS MISUNDERSTANDING COULD COST ME MY CAREER. I HOPE THIS AREA WILL BE COVERED IN MORE DETAIL IN THE NEXT FAR/AIM TO PREVENT OTHERS FROM MAKING ANY COSTLY MISTAKES. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTING PLT BELIEVES THAT SOMEONE TIPPED OFF THE FAA AS THE FAA WAS WAITING FOR HIM WHEN HE GOT TO EWR. THERE IS NO DOUBT THAT HE DID NOT HAVE HIS PLT CERTIFICATE WITH HIM, BUT HE DOES NOT UNDERSTAND WHY THE FAA IS AFTER HIM ON THE CHARTER FLT SIT. THE RPTR'S EMPLOYER DOES NOT HAVE A PART 135 CERTIFICATE AND THE AIRPLANE THAT HE FLEW IS NOT LISTED ON ANY PART 135 CERTIFICATE. THE RPTR SAYS THAT HE TOLD THE FAA AT EWR THAT HE WAS OPERATING UNDER PART 91, BUT THEY WERE NOT IMPRESSED. THE RPTR HAS GOTTEN HIMSELF AN AVIATION LAWYER WHO WANTS ONE THOUSAND DOLLARS AND BELIEVES THAT HE CAN HELP.

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.