In terms of the plane and I being allowed to do this work:
The FAA 14 CFR Part 119 states:
An AOC is not required for the following operations:
"Provided there is a seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—
(1) Student instruction;
(2) Nonstop Commercial Air Tours ….
(3) Ferry or training flights;"
We would fall under option (2), making it permissible as far as FAA is concerned, so me and the plane being FAA concerned, are allowed to conduct the work.
Clearly this is a grey zone in the law rather than explicitly stated as being a legal exception. I wonder if it would maybe be worthwhile getting an aviation lawyer to quickly look over the legality of the situation, especially in Belgium?
Would this flight be in Europe or the USA? Forget the FAA if it’s in Belgium, it’s the EASA inspector I’d be concerned about that could possibly show up.
Sounds like someone is looking for ways to make grey black and white here!
Illegal public transport happens often, however. Dosent make it correct. Plenty of N/VP/M and even G reg ‘private aircraft’ being ‘lent’ or the bosses ‘mates’. It only takes one SAFA check... I’ve been in a situation on a bizjet like SND above, boss/owner told us to fly his mates from X to Y and return empty. Only found out after landing when one of the pax said to my co pilot he didn’t expect to get fed so we’ll, and it wasn’t costing the group of 9 much more than first class tickets.... I moved on shortly afterwards. If an owner has to resort to this to mitigate costs, then he can’t afford the toy long term.
Some are even now selling shares in the company that operate such aircraft for a short duration to try to be legal. It’s just not worth it as a professional pilot.