The FAA Common Purpose cost sharing rule, and does it apply outside the USA?

Peter wrote:

What is the latest FAA Chief Counsel view on if you take two buddies an one goes skiing and the other goes to a football match?

Persnickety, perchance? Why don’t you ask?

Seriously – IMHO the FAA rules are perfectly clear and allow everything you would normally want to do as a PRIVATE pilot. If you want to take this further, you can always get a commercial ticket, not exactly rocket science (no EU idiocies like learning 70% or whatever of the ATPL stuff and B737 systems).

Persnickety !!

Again – in the context of private flying, there is no issue (and yes, I am aware of the differences between part 91 and part 135 ops). It all gets complicated when you try to do, as Jason correctly put it, pseudo-charter.

The basic principle is that all laws and regulations from the country the aircraft is registered are valid for all operations all over the globe. But, another basic principle is that all operations of any aircraft from anywhere on the globe has to follow the laws and regulations of the country it is operated within, at least for private flying. This means the most restrictive laws and regulations will always “win”.

LeSving wrote:

This means the most restrictive laws and regulations will always “win”.

I think that is an incorrectly pessimistic opinion. As European citizens we have certain rights (including, in this case, A1P1 – peaceful enjoyment of possessions) which it is the purpose of the ECHR and, in this instance the ECJ, to defend.

Furthermore, although Uncle Sam has been inclined to act in the perceived interests of US citizens wherever and whenever, in the absence of any such motive I doubt that the FAA’s budget stretches to extra-territorial meddling with the European human rights minefield.

Jacko, OK once again this subject had nothing to do with European human rights law. But I don’t think the US rule is actually that difficult. What it prevents is advertising cost sharing for people you don’t know. Going with your friends on holiday or to the same destination for a holiday has never been their concern.

JasonC wrote:

I agree. I think the FAA rule allows cost sharing perfectly well. It just doesn’t allow you to offer pseudo-charter using the cost sharing rule as the European system does.

Do they also disallow cost-sharing for car rides? (Not the FAA, obviously)

I don’t see why the regulation needs to be different depending on the means of transport.

Do people riding together in a car and splitting the costs need to have a “common purpose”?

Jason, I disagree. Every rule, regulation, law or act of officialdom in the territory of the signatories must comply with the Convention, and every exemption therein is subject to the principle of proportionality.

I see no evidence that the FAA would step into that minefield with a proposition that sky übering here in an N-reg is more dangerous than in an EASA aircraft.