Violation of FARS part 135 in passenger service flight.

Attributes
ACN	242352
Time
Date	199305
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : mmv
State Reference	OR
Altitude	agl bound lower : 0 agl bound upper : 5000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Operator	general aviation : instructional
Make Model Name	Small Aircraft, Low Wing, 2 Eng, Retractable Gear
Flight Phase	climbout : takeoff cruise other ground : preflight
Route In Use	enroute airway : zse
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
ASRS Report	242352
Person 2
Affiliation	Other
Function	observation : passenger
Qualification	other other : other
Events
Anomaly	non adherence : far
Independent Detector	other other : unspecified
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Provided pilot services to a company who had rented an aircraft from someone else. I do not have a part 135 certificate nor does the provider (operator) of the aircraft. Operator of the aircraft is convinced flight was not part 135 operation, however, I have obtained both legal and FAA opinion to the contrary after the flight. FAA opinion on sits such as this has changed considerably over the past 10 yrs. FAA needs to establish clearer and more distinct guidelines, and make these guidelines more available to pilots.

Original NASA ASRS Text

Title: VIOLATION OF FARS PART 135 IN PAX SVC FLT.

Narrative: PROVIDED PLT SVCS TO A COMPANY WHO HAD RENTED AN ACFT FROM SOMEONE ELSE. I DO NOT HAVE A PART 135 CERTIFICATE NOR DOES THE PROVIDER (OPERATOR) OF THE ACFT. OPERATOR OF THE ACFT IS CONVINCED FLT WAS NOT PART 135 OP, HOWEVER, I HAVE OBTAINED BOTH LEGAL AND FAA OPINION TO THE CONTRARY AFTER THE FLT. FAA OPINION ON SITS SUCH AS THIS HAS CHANGED CONSIDERABLY OVER THE PAST 10 YRS. FAA NEEDS TO ESTABLISH CLEARER AND MORE DISTINCT GUIDELINES, AND MAKE THESE GUIDELINES MORE AVAILABLE TO PLTS.

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.