Originally Posted by
positiverate20
So in any case- even if Henderson had have flown using his CPL, it would have been illegal as he's over 60. The only way to make it legal would be by having a 2nd pilot (multi-pilot crew). So... that brings us nicely back to the reported additional identification shown at Nantes? However, Ibbotson still only had a PPL so couldn't really have been part of a multi-pilot crew on a commercial flight (in order to legitimize Henderson being over 60).
I hold an FAA ATP, and my understanding has always been that if the owner of an FAA registered aircraft for which I have a current class or type rating came to me and said " I would like you to fly my aircraft and a passenger who is not paying for the flight from A to B (or N to C)" then this would be legal if I am over or under 60, as it is not an act of public air transport as the passenger is not paying for the flight. As the Malibu is a single crew aircraft then this would be legal if flown by an FAA CPL holder with a current IR, class rating, differences rating etc.
So the flight would have been legal if Henderson flew it, assuming he holds an FAA CPL and not an EASA one. It became illegal when a pilot without a commercial licence was somehow subcontracted to fly it.