Oggers,
I am talking about FAR 91.501(b)(4) where the operating costs are borne by the operator "for his personal transportation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation". That's private carriage operation.
Either the operator flies himself the aircraft, possibly with a PPL, or he hires a commercial pilot for flying his plane.
I understand that FAR 61.113 forbids any other combination when the plane carries the guests of the operator.
Thus, if Mr McKay had rented that plane and, separately, hired a commercial pilot for flying his guest, the flight would have fit FAA Part 91 under FAR 91.501(b)(4).
Of course, the pilot must NOT be the person renting the plane.
Note: about "was the pilot trained and current for flying in IMC at night ?", I was writing about ability, not legality.
Last edited by Luc Lion; 1st Mar 2019 at 14:18.