Originally Posted by
OwnNav
We acknowledge that the risk of the FAA seeking out and filing violation actions against VPOs and VPs is low. However, should there be any sort of incident or accident that triggers FAA involvement, we believe it is likely that the FAA will immediately recognize the fact that the flight was being conducted in violation of the requirements of Part 91 and was actually “for hire” and should have been operating under the stricter rules of Part 135. That finding could expose the VP to a certificate action and the VPO to significant fines under the civil penalty procedures of the FARs. In addition there is also, in our opinion after consulting with attorneys and insurance professionals, a significant risk that the insurers for the VPO and VP would refuse to pay any claims because the flight met the FAA’s definition of “for hire” rather than being conducted under Part 91. It would be a terrible situation if a passenger on a flight were hurt in an accident and it turned out no insurance was available to pay for her or his medical costs or other claims. Finally, we believe that directors and officers of those VPOs could find themselves facing legal action regarding their fiduciary responsibility.
I’m not sure where this is going? I don’t think there is any suggestion of a Volunteer Pilot Organization flying around footballers.