Regulation Text
§ 61.113 Private pilot privileges and limitations: Pilot in command.
(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:
(1) The flight is only incidental to that business or employment; and
(2) The aircraft does not carry passengers or property for compensation or hire.
(c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.
(d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event flight described in § 91.146, if the sponsor and pilot comply with the requirements of § 91.146.
(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of:
(1) A local, State, or Federal agency; or
(2) An organization that conducts search and location operations.
(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer.
(g) A private pilot who meets the requirements of § 61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle.
(h) A private pilot may act as pilot in command for the purpose of conducting a production flight test in an aircraft intended for certification in the light-sport category under § 21.190 of this chapter, provided that—
(1) The aircraft is a powered parachute or a weight-shift-control aircraft;
(2) The person has at least 100 hours of pilot-in-command time in the category and class of aircraft flown; and
(3) The person is familiar with the processes and procedures applicable to the conduct of production flight testing, to include operations conducted under a special flight permit and any associated operating limitations.
(i) A private pilot may act as pilot in command or serve as a required flightcrew member of an aircraft without holding a medical certificate issued under part 67 of this chapter provided the pilot holds a valid U.S. driver's license, meets the requirements of § 61.23(c)(3), and complies with this section and all of the following conditions and limitations:
(1) The aircraft is authorized to carry not more than 7 occupants, has a maximum takeoff weight of not more than 12,500 pounds, is operated with no more than 6 passengers on board, and is not a transport category rotorcraft certified to airworthiness standards under part 29 of this chapter; and
(2) The flight, including each portion of the flight, is not carried out—
(i) At an altitude that is more than 18,000 feet above mean sea level;
(ii) Outside the United States unless authorized by the country in which the flight is conducted; or
(iii) At an indicated airspeed exceeding 250 knots; and
(3) The pilot has available in his or her logbook—
(i) The completed medical examination checklist required under § 68.7 of this chapter; and
(ii) The certificate of course completion required under § 61.23(c)(3).
[Docket 25910, 62 FR 16298, Apr. 4, 1997, as amended by Amdt. 61-110, 69 FR 44869, July 27, 2004; Amdt. 61-115, 72 FR 6910, Feb. 13, 2007; Amdt. 61-125, 75 FR 5220, Feb. 1, 2010; Docket FAA-2016-9157, Amdt. 61-140, 82 FR 3165, Jan. 11, 2017; Docket FAA-2021-1040, Amdt. 61-152, 87 FR 71237, Nov. 22, 2022; Docket FAA-2024-2580; Amdt. 61-158, 89 FR 90577, Nov. 18, 2024; Docket FAA-2023-1377, Amdt. 61-159, 90 FR 35218, July 24, 2025]
Research Notes
Research Notes — § 61.113 Private Pilot Privileges and Limitations: Pilot in Command
Core Rule: No Compensation or Hire
Section 61.113(a) establishes the foundational rule: a private pilot may not act as PIC carrying passengers or property for compensation or hire. The exceptions in §§ 61.113(b) through (h) define bounded situations where value exchange is permitted. These exceptions are a frequent source of confusion and enforcement actions.
FAA Definition of Compensation — Broad
The FAA defines compensation broadly in legal interpretations — anything of economic value, including non-monetary items (reduced rent, meals, services, event tickets). If the pilot receives any economic benefit from the flight they wouldn't otherwise receive, it may constitute compensation. FAA Legal Interpretations database: faa.gov — Legal Interpretations
The "Common Purpose" Doctrine
Section 61.113(b) allows expense-sharing if: (1) the flight serves a genuine common purpose shared by pilot and passengers, and (2) the pilot pays their pro-rata share. Pro-rata means equal division of direct operating costs (fuel, oil, airport fees — not aircraft rental or insurance). The pilot must have an independent reason to make the trip — not just to transport passengers.
October 2025 Amendment
Section 61.113 was amended October 22, 2025 (Docket FAA-2024-1155), adding or clarifying exceptions related to flight sharing platforms and digital transportation network arrangements. Students should check the current eCFR text for the most current exceptions. The core rule — no compensation or hire — was unchanged.
Regulatory Cross-References
- 14 CFR § 61.133 — commercial pilot privileges (what commercial pilots CAN do)
- 14 CFR § 119.1 — air carrier requirements; private pilots operating "for compensation" may trigger air carrier rules
- FAA Legal Interpretations database — comprehensive collection of interpretations on private pilot compensation questions
Source: 14 CFR § 61.113 — eCFR.gov
Amendment History
AOA Notes
These notes correspond to the highlighted phrases in the regulation text above. Each one flags something worth knowing — a common misread, a checkride gotcha, or a practical pro tip.
CFI Commentary
Highlighted phrases in the regulation text above link to instructor notes at the bottom of this page. Look for the amber or blue highlights — each one flags a gotcha or a pro tip worth knowing.