Re: flyshare.com

"Jim Carter" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED]
> What makes the site illegal? They (currently) are only a bulletin board for
> posting ride offers or requests free of charge.

The site isn't illegal, but those who use it are violating FAA regulations.
The FAA pretty much considers the advertising for passengers on a bulletin
board to be a commercial operation (regardless of the fact that no money changes
hands) requiring a 135 certificate.

MR. JOHN YODICE

Dear Mr. Yodice:

   This is in response to your letter last week to Mr. Donald Byrne of our office, 
enclosing a draft
of your column, "Notes From the Washington Counsel", for May 1978.  We think it 
important to
clarify the FAA's position on certain points that you intend to discuss in your column.
   We do not agree that a pilot who wants to build up time toward his commercial pilot 
certificate
may carry expense sharing passengers or cargo to a destination at which he has no 
particular business.
This kind of operation is not permitted by Section 61.118(b).
   We should also point out that advertising in any form, including the use of a 
college bulletin board
raises a question of whether, in light of all the circumstances involved, the pilot is 
holding himself
or herself out as available to provide transportation to the public.  If the evidence 
indicated that
common carriage is in fact involved, the pilot would be in violation of Part 135.
   With respect to the method by which expenses are shared, it is not necessary that 
there be a
mathematically exact division of each operating expense, such as aircraft rental.  
However, it
would give rise to a presumption that the pilot was not actually sharing expenses if 
he or she
 paid less than a pro-rata share of the total operating costs or the flight.
   Finally, you have correctly stated our position with respect to what expenses may 
be shared.
 It remains our opinion that only direct costs such as gas, oil, landing and parking 
fees, and the
 like are operating expenses of a flight within the meaning of Section 61.118 (b).  
Indirect costs
 such as insurance and maintenance may not be shared.
  We hope that our comments will be of some assistance to you in advising AOPA members 
on the matter of sharing expenses.

Sincerely,