Regulation Text
(a) Definitions. For purposes of this section, the following definitions apply:
Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety.
(b) Passenger-carrying flights in airplanes, powered-lift, or rotorcraft for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 of this chapter or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) of this section are not exceeded:
(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 aircraft used, or from another location the FAA approves for the operation;
(3) The aircraft 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 aircraft 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 aircraft 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.
(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.
(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.
(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the responsible Flight Standards office for the area where the event is scheduled:
(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, all prior events under this section participated in by the sponsor in the current calendar year;
(2) A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§ 61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.
[Docket FAA-1998-4521, 72 FR 6910, Feb. 13, 2007, as amended by Amdt. 91-308, 74 FR 32804, July 9, 2009; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018; Docket FAA-2022-1563, Amdt. 91-370, 88 FR 48087, July 26, 2023]
Research Notes
Section 91.146 carves out a Part 91 exception for passenger-carrying flights conducted for charity, nonprofit, or community events. Without this exception these flights would typically fall under Part 135 (commercial operation), making them prohibitively expensive to organize.
Who can fly under § 91.146: A private pilot or higher certificate holder (with the appropriate ratings and recent experience) may conduct passenger-carrying flights for a charity, a nonprofit organization, or a community event. The flights must be:
- Sponsored by a charity, nonprofit, or community event
- Conducted from a public-use airport with a tower or weather observation facility (or under conditions listed in (g))
- Limited to specific advertised destinations
- Reported to the FAA at least 7 days in advance
The 7-day notification requirement: The sponsor (not the pilot) must notify the local FSDO at least 7 days before the event. The notification must include the date, location, route, time, pilot information, and sponsor information.
What counts as a 'charity or community event': The reg includes specific definitions. Common examples that qualify: church fundraisers offering plane rides, Boy Scouts/EAA Young Eagles flights, fire department public safety days, county fair fly-ins. EAA Young Eagles is the most-frequently-cited use case of § 91.146.
Limits on compensation: The pilot may be reimbursed for fuel/oil/airport fees/rental. The pilot cannot be paid a profit. The funds raised from passenger donations go to the sponsoring organization, not the pilot.
Insurance considerations: Many GA insurance policies exclude passenger-carrying flights for hire. § 91.146 flights are technically 'for charity' and may be covered, but the pilot must verify with the insurer. EAA Young Eagles has a specific liability coverage program for participants.
Reference: FAA-H-8083-25 (PHAK) Chapter 1; FAA Order 8900.1 Volume 5, Chapter 7 for FSDO guidance.
Amendment History
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