Reimbursement for Celebrity Transportation OK, but Be Prepared to Offer Proof

hthxbu7nhcdshxfx04onIn a recent legal opinion, the FAA concluded that in the modern world of celebrity endorsement, an aircraft manufacturer may seek reimbursement for promotional flights involving a celebrity spokesperson.  The manufacturer was seeking to pay celebrities to make appearances on its behalf in order endorse the manufacturer’s products.  In seeking a legal opinion, the manufacturer represented to the FAA that providing transportation to paid celebrity endorsers in order to assist with marketing, promoting, and ultimately selling the manufacturer’s products was within the scope of, and incidental to, the business of the company, in accordance with the requirements of FAR 91.501.

However, the FAA cautioned that FAR 91.501 is a limited exception to certification requirements for commercial operators and air carriers, requiring the manufacturer, if challenged, to prove how the transportation of celebrity endorsers is within the scope of, and incidental to, the business of the company.  As the FAA points out in this and other legal opinions, there is no hard and fast rule regarding reimbursement for Part 91 operations.  Due to the complexity of the regulatory framework involved, manufacturers and operators should seek experienced legal counsel before seeking reimbursement for any Part 91 flight or instituting a program of reimbursement for certain aviation business activities.

FAA Lowers Minimum Sanction for Inadvertent TFR Incursions

nytfr-9-17-11bigIn a recent change to its Compliance and Enforcement Program, the FAA has lowered the minimum sanction for inadvertent TFR incursions from a 30-day suspension to remedial training.  Pilots who inadvertently enter temporary flight restricted airspace may avail themselves of the lower minimum sanction under the following circumstances:

1. Inadvertent, first-time violations resulting from aircraft intruding one mile or less into the security airspace and then turning and exiting directly when there are no resulting complications for air traffic control or other aircraft; or

2. Inadvertent, first time violations resulting from aircraft briefly (two minutes or less) squawking a 1200 code or failing to squawk an assigned discrete code, in security airspace that requires the aircraft to squawk a discrete code when there are no resulting complications for air traffic control or other aircraft.

All other situations will continue to incur progressive enforcement sanctions starting with a 30-day suspension of all pilot certificates.  FAA enforcement actions often involve complex issues, including an airman’s particular facts and the governing law and regulations.  When faced with any investigation or legal action, pilots should consult with experienced aviation counsel to determine their rights and obligations before speaking with authorities.