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EAA Chapter Charitable Flights

Scheduled And Held On Or After March 15, 2007

On February 13, 2007, the FAA issued what is referred to as a "final rule" - The National Air Tour Safety Standards. This rule terminates EAA exemption No. 7111C on March 14, 2007, and requires everyone conducting charitable sightseeing flights to comply with a newly created FAR 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.

EAA Chapters and/or single pilots, effective March 15, 2007, will be required to register/notify their charitable sightseeing flight events with their local FSDO at least seven (7) days prior to the event.

FAR 91.146(b) states that the FAA commercial drug and alcohol testing requirements do not apply for these types of sightseeing flight events that raise money for charities, nonprofit, or community organizations/activities.

In addition to complying with the below requirements, EAA Chapters must also submit an Chapter/Squadron Event Form, Orientation Ride Form and Passenger Release of Liability forms for Chapter insurance purposes. EAA Chapters wishing to conduct charitable sightseeing flights may call the EAA Chapter Office at 888-322-4636 ext. 4876 or e-mail chapters@eaa.org with any questions they may have or to obtain the exemption materials.

EAA Young Eagle flights do not fall under the requirements of charitable sightseeing flights, and DO NOT count against the flight event limits mentioned below. Contact the EAA Government Relations department with any questions, 888-322-4636, ext. 6522.

When notifying the local FSDO of your upcoming charitable flight event, you must provide (fax is best) them with:

    a. FAR 91.146(d)(1) – A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, and all prior charitable sightseeing flight events conducted by this sponsor during this current calendar year; and

    b. FAR 91.146(d)(2) – A photocopy of each pilot in command’s pilot certificate, medical certificate, and logbook entries that show the pilot in command is current per FAR 61.56 and FAR 61.57, and that the private pilot has at least 500 hours of flight time; and

    c. FAR 91.146(d)(3) – A signed statement from each pilot that lists all prior charitable sightseeing flight events in which the pilot has flown in as a pilot in command.

FAR 91.146 charitable sightseeing flights are limited to:

    a. FAR 91.146(c):

      1. 91.146(c)(1) – Charitable or nonprofit organization may only conduct four (4) sightseeing fund raising flight events per calendar year, with each event not lasting for more than three (3) consecutive days.

      2. 91.146(c)(2) – Communities that conduct a sightseeing flight event to raise funds for any community (government) agency, may only conduct one (1) such event per calendar year, with that event not lasting for more than three (3) consecutive days.

    b. FAR 91.146(b)

      1. The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;

      2. The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;

      3. The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;

      4. The flight is not an aerobatic or a formation flight;

      5. Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;

      6. Each flight is made during day VFR conditions;

      7. Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;

      8. The beneficiary of the funds raised is not in the business of transportation by air;

      9. A private pilot acting as pilot in command has at least 500 hours of flight time;

      10. Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and

      11. Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.

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