Originally Posted by
2Donkeys
The Common Purpose Test, as it is known is also derived from common law - which is why you don't find it in the regulations.
My issue is not that "common purpose" is not defined, rather that the regulations on cost sharing do not say that a common purpose test should be applied. How would anyone familiar with Section 61.113 know that a common purpose test is required? Yodice used to write legal commentary for AOPA Pilot magazine. In the below referenced article on cost sharing he makes no mention of common purpose. He only says that the pilot should have a purpose for making the flight other than carrying the cost sharing passenger. That would seem to imply that, back in 1992, the common purpose test was not well known.
http://cospilot.com/documents/Pilot%...20expenses.pdf
Thanks for the references though. That case makes a very interesting read.