Monday, May 25, 2020

Lex Anteinternet: A Memorial Day Reflection on the Second World War....

Lex Anteinternet: A Memorial Day Reflection on the Second World War....One poster noted that much expanded airline travel resulted from the war, and that certainly is the case.


Just prior to the war airliners were beginning to take on a recognizable form, with the DC-3 being a recognizable commercial aircraft that went on to do yeoman's service during the war as the C-47.


After the war, however, things really changed. Four engined wartime aircraft made four engined commercial aircraft inevitable.  By the 60s they were yielding to jets and modern air travel was around the corner.  It really took airline deregulation, however, which came in during the 1980s, to make air travel cheap.

Must be some unofficial arrangments going on. . .

now that flights are less common, due to cancellations during the pandemic.

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FAA Informational Letter to Pilots

The FAA recognizes that there is a trend in the industry towards using computer and cell phone applications to facilitate air transportation by connecting potential passengers to aircraft owners and pilots willing to provide professional services. Some of these applications enable the provision – directly or indirectly – of both an aircraft and one or more crewmembers to customers seeking air transportation.
This letter serves as a reminder to all pilots that, as a general rule, pursuant to 14 CFR (commonly known by industry as the Federal Aviation Regulations FARs) private pilots may neither act as pilot-in-command (PIC) of an aircraft for compensation or hire nor act as a PIC of an aircraft carrying persons or property for compensation or hire. Furthermore, to engage in air transportation a pilot must hold a commercial or airline transport pilot license and must operate the flights in accordance with the requirements that apply to the specific operation conducted (e.g., Part 135). To meet the operational requirements, the pilots must be employed (as a direct employee or agent) by the certificate holder with operational control of the flight (e.g., a Part 135 certificate holder) or must herself or himself hold a certificate issued under 14 C.F.R. Part 119.
Another common pitfall to be aware of is the “sham dry lease” or the “wet lease in disguise.” This situation occurs when one or more parties act in concert to provide an aircraft and at least one crewmember to a potential passenger. One could see this, for example, when the passenger enters into two independent contracts with the party that provides the aircraft and the pilot. One could also see this when two or more parties agree to provide a bundle (e.g., when the lessor of the aircraft conditions the lease – whether directly or indirectly – to entering into a professional services agreement with a specific pilot or group of pilots. This type of scenario is further discussed in Advisory Circular (AC) 91-37B, Truth in Leasing.
  • Whenever you pilot an aircraft subject to a dry-lease agreement (a dry lease is an aircraft leased with no crew), you should consider the following: Is it truly a dry-lease agreement whereby the lessee, in practice and agreement, has operational control in accordance with AC 91-37B and the FARs? If not, then flights operated under this agreement may be illegal charters and you, the pilot, may be in violation of the FARs for those flight operations.
  • Are you as the pilot also providing the aircraft involved in the dry-lease? If so, you may be in violation of the FARs for those flight operations if you do not have the appropriate operational authority to conduct the flights (e.g., a Part 135 certificate.) 
An additional caution to consider is flight-sharing. Section 61.113(c) of Title 14 of the CFR allows for private pilots to share certain expenses. Pilots may share operating expenses with passengers on a pro rata basis when those expenses involve only fuel, oil, airport expenditures, or rental fees. To properly conduct an expense sharing flight under 61.113(c), the pilot and passengers must have a common purpose and the pilot cannot hold out as offering services to the public. The “common-purpose test” anticipates that the pilot and expense-sharing passengers share a “bona fide common purpose” for their travel and the pilot has chosen the destination.
Communications with passengers for a common-purpose flight are restricted to a defined and limited audience to avoid the “holding out” element of common carriage. For example, advertising in any form (word of mouth, website, reputation, etc.) raises the question of “holding-out.” Note that, while a pilot exercising private pilot privileges may share expenses with passengers within the constraints of § 61.113(c), the pilot cannot conduct any commercial operation under Part 119 or the less stringent operating rules of Part 91 (e.g., aerial work operations, crop dusting, banner towing, ferry or training flights, or other commercial operations excluded from the certification requirements of Part 119).
For more information on sharing flight expenses, common purpose, and holding out see:
Unauthorized 135 operations continue to be a problem nationwide, putting the flying public in danger, diluting safety in the national airspace system, and undercutting the business of legitimate operators. If you have questions regarding dry-lease agreements or sharing expenses, please review the FARs and ACs. Additionally, you may contact your local Flight Standards District Office for assistance or seek the advice of a qualified aviation attorney.

Sunday, May 17, 2020

Lex Anteinternet: May 17, 1920. More flights.

Lex Anteinternet: May 17, 1920. More flights.:

May 17, 1920. More flights.

"Annual May Festival of the Friends Select School, Washington D.C. Held at the Friends Country Club."  Pageants like this were common at the time.

It was a day for flight.

The Canadian Air Force, a Canadian air militia that principally served as an airman trainer, came into being.  It was not a standing air force and it would very soon be replaced by one, which would be the Royal Canadian Air Force in 1924.

On the same day, KLM, the Dutch airlines which is the oldest airline in the world, made its first flight, that being from London to Amsterdam. There were only two passengers and some mail, but then the flight was made in a leased DH16, which is not a giant aircraft.

Airco Aircraft Transport and Travel DH16

The plane was leased from the British Aircraft Transport and Travel company.

Meanwhile, Carranza was still holding out in Mexico in what the newspapers were calling a "heroic" last stand.

And President Wilson, in a speech, warned that the United States had used 40% of its proven oil reserves and only had 20 years of petroleum production left.

Thursday, May 14, 2020

Lex Anteinternet: Pandemic. May 14, 2020

Lex Anteinternet: PandemicThe Wyoming Air National Guard will be doing a fly over of regional hospitals throughout the state on Friday to honor health care workers.  At the same time, some of the emergency centers set up for the Pandemic are standing down. They'll remain ready as a reserve, should the virus revive, but they are not going to be maintained on a standing basis.

Lex Anteinternet: May 14, 1920. Flights

Lex Anteinternet: May 14, 1920. Flights:

May 14, 1920. Flights

 "General William Mitchell, Chief of the Air Service today formally opened the big air tournament at Boling [ie. Bolling] field, the first of its kind to be held. Congressman P. P. Campbell accompanied General Mitchell on the opening flight."  May 14, 1920.

Friday, May 8, 2020

Lex Anteinternet: May 8, 1920 Endings

Lex Anteinternet: May 8, 1920 Endings:

May 8, 1920 Endings

On this day in 1920, the Luftstreitkräfte, the World War One equivalent of the Luftwaffe, more or less, officially came to an end.

Disassembled German aircraft on display in London, 1918.

The organization, not surprisingly, had gone through several names and structures before achieving its final one in October 1916.  It did not include naval flyers, who remained in the navy, and its association with the German army was organizational such that it was part of the army.  It oddly did not include every German army pilot, however, as Bavaria retained an element of organizational control over men recruited from its territory, including at least theoretically its own air force.

After the German surrender it basically came to an end and its one and only commander, Ernst von Hoeppner, left his appointed position as its chief in January 1919 as part of the dissolution of the force in accordance with the Treaty of Versailles which prohibited the Germans from having military aircraft.  After that point it existed on paper until this day in 1920.

Ernst von Hoeppner, the commander of the Luftstreitkräfte from October 1916 until January 1919.  He returned to the cavalry branch from which he had come and retired in November 1919, dying from the flu at age 62 in 1922.

The German government did field aircraft as late as 1920 when it put down the Ruhr Rebellion, but those aircraft and their pilots were at least theoretically in the Freikorps.

On the German air arm and symbols, an interesting thing to note is how the stylized cross borrowed from the Teutonic Knights has evolved in the German air arm. From 1914 to 1915, it was the full cross pattée associated somewhat inaccurately with the Medieval crusading order that was painted on the sides and wings of German aircraft.  In reality, the Teutonic Knights only occasionally employed this style of cross, but it was heavil adopted by the German crown after unification of the country during the Franco Prussian War.

German cross pattée originally used on German aircraft.

In 1915, the cross pattée was slimmed down a bit for some reason.

Cross pattée used from 1915 until March 1918.

In March 1918, it was made a simple straight cross.


German aircraft symbol from March 1918 until the end of the war.

The revived Luftwaffe continued to use the simple cross throughout its existence from 1935 until 1945, in a modified form that added emphasis to the lines, but when the post war Luftwaffe was recreated, it went back, with the rest of the German military, to the cross pattée.

Thursday, May 7, 2020

Lex Anteinternet: May 7, 1920. Races

Lex Anteinternet: May 7, 1920. Races:

May 7, 1920. Races

Collegiate airplane race activity at Mitchel Field, Long Island, May 7, 1920.

On this day in 1920 the first ever Collegiate Airplane Race occured in New York.

Collegiate airplane race participants J.T. Trippe (1899-1981) and George Willard Horne, who flew for Yale at Mitchel Field, Long Island, May 7, 1920.

Collegiate airplane race participants Robert K. Perry and Harry Goodman, who flew for Williams College at Mitchel Field, Long Island, May 7, 1920 

 Collegiate airplane race participants Lansing Colton Holden, Jr. (1896-1938) and Zenos Ramsey Miller (1896-1922), who flew for Princeton at Mitchel Field, Long Island, May 7, 1920.

collegiate airplane race participants Joseph Ferdinand Lersch and David Amos Royer, who flew for University of Pennsylvania at Mitchel Field, Long Island,