Narrative:

In accordance with issued NOTAMS, I filed an IFR flight plan to conduct a part 135 VFR air taxi charter. After this flight of sep/tue/01 I was contacted by the ZZZ FSDO and told that this flight was part 91. I disagree because I was carrying passenger and landed at a different airport than I departed from. During the flight, video was taken. This flight was conducted and complied with part 119 and part 135. It is the position of the ZZZ FSDO that I was in violation because I should have conducted these flts to a lower standard, part 91, not to the higher of part 135. An IFR flight plan was filed with the remarks section VFR. Company flight following was in effect. Callback conversation with reporter revealed the following information: reporter stated that because his flight did not go over the airspace over the center of the temporary airspace restr, he was not further investigated by the FAA FSDO for his flight being far part 135 instead of part 91.

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Original NASA ASRS Text

Title: BELL 206 HELI PLT INVESTIGATED BY THE FAA FOR OPERATING A NEWS MEDIA FLT UNDER FAR PART 135 INSTEAD OF A FAR PART 91 VFR FLT IN A TEMPORARY AIRSPACE RESTR AREA WHICH PERMITTED ONLY PART 135 AND PART 121 IFR FLTS ONLY.

Narrative: IN ACCORDANCE WITH ISSUED NOTAMS, I FILED AN IFR FLT PLAN TO CONDUCT A PART 135 VFR AIR TAXI CHARTER. AFTER THIS FLT OF SEP/TUE/01 I WAS CONTACTED BY THE ZZZ FSDO AND TOLD THAT THIS FLT WAS PART 91. I DISAGREE BECAUSE I WAS CARRYING PAX AND LANDED AT A DIFFERENT ARPT THAN I DEPARTED FROM. DURING THE FLT, VIDEO WAS TAKEN. THIS FLT WAS CONDUCTED AND COMPLIED WITH PART 119 AND PART 135. IT IS THE POS OF THE ZZZ FSDO THAT I WAS IN VIOLATION BECAUSE I SHOULD HAVE CONDUCTED THESE FLTS TO A LOWER STANDARD, PART 91, NOT TO THE HIGHER OF PART 135. AN IFR FLT PLAN WAS FILED WITH THE REMARKS SECTION VFR. COMPANY FLT FOLLOWING WAS IN EFFECT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT BECAUSE HIS FLT DID NOT GO OVER THE AIRSPACE OVER THE CTR OF THE TEMPORARY AIRSPACE RESTR, HE WAS NOT FURTHER INVESTIGATED BY THE FAA FSDO FOR HIS FLT BEING FAR PART 135 INSTEAD OF PART 91.

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.