Private pilot passengers cost sharing question #98791

[cowman]

I just thought of this thumbing through some oral exam prep stuff.... more of an interesting question than anything practical but...

(c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.

I've taken that to mean for practical purposes that if my wife and I get in my airplane with another couple and we fly somewhere the other couple could pay for half of the fuel.

But wait... my wife is in fact a completely separate human being from myself, the pilot. So wouldn't this mean my "pro rata share" could be considered 1/4? In that case, then couldn't the other couple pay 3/4 of the cost of fuel since I'm still kicking in my "pro rata share"?

As I said, more of an academic question as I don't think I'd ever do this but I'm curious if my interpretation is correct.

 

[Jim Logajan]

The wife thing really would seem to come down to how the FAA views a married couple.

Assuming the issue has not been previously ajudicated or subject to some form of lawmaking, per U.S. v Mead it would come down to the courts, not the FAA.

 

[Jim Logajan]

Speculate all you want, but for Jebus's sake DON'T ASK THE CHIEF COUNSEL!!!!!!!

Based on my research:

The courts do not give any special deference to agency letters of interpretation, (since 2001) they are likely to consider the subject matter de novo, so little harm is involved in asking. Such letters provide a clue as to whether an agency will take action and the arguments they are likely to use in court. Not much more.

The courts will give weight to such a letter only as to "the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements and all those factors which give it power to persuade, if lacking power to control." Pretty much as one would expect.

In the end the deciding factor is supposed to be whether the regulation is being employed in a way consistent with the statutes the agency administers.