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Search: Posts Made By: 2Donkeys
Showing results 1 to 12 of 12
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Forum: Private Flying
28th Feb 2019, 13:42
Replies: 47
Views: 6,631
Posted By 2Donkeys

All true Selfie, but in the question posed to us,...

All true Selfie, but in the question posed to us, the assumption is that the costs of the flight will be met by the pilot in full. That does not meet the hurdle for compensation.
Forum: Private Flying
28th Feb 2019, 13:03
Replies: 47
Views: 6,631
Posted By 2Donkeys

With respect, you've misunderstood the concept of...

With respect, you've misunderstood the concept of common purpose. Common purpose is only a consideration where there is a cost sharing arrangement (or where the pilot is receiving some compensation...
Forum: Private Flying
28th Feb 2019, 07:45
Replies: 47
Views: 6,631
Posted By 2Donkeys

I disagree. Common purpose would dramatically...

I disagree. Common purpose would dramatically alter the nature of Wingly, to name but one example. No more offers of flights to passenger-chosen destinations as such offers would fall foul of the...
Forum: Private Flying
28th Feb 2019, 06:40
Replies: 47
Views: 6,631
Posted By 2Donkeys

There are four tests for common carriage, and...

There are four tests for common carriage, and advertising a flight in the manner described satisfies three of those tests. The only test that your scenario does not satisfy is 'compensation'. If...
Forum: Private Flying
27th Feb 2019, 20:48
Replies: 47
Views: 6,631
Posted By 2Donkeys

EXDAC: You might want to take a look at a more...

EXDAC: You might want to take a look at a more current AOPA article written by a different Yodice, in which Common Purpose is defined as the desire to travel to the same destination:
...
Forum: Private Flying
27th Feb 2019, 19:00
Replies: 47
Views: 6,631
Posted By 2Donkeys

Unfortunately, as with all things legalese,...

Unfortunately, as with all things legalese, Common Purpose doesn't quite mean what you are attempting to make it mean.

Common purpose does not mean that both parties to a flight are both going to...
Forum: Private Flying
27th Feb 2019, 17:09
Replies: 47
Views: 6,631
Posted By 2Donkeys

I would say that in those few words, he pretty...

I would say that in those few words, he pretty much nails a key aspect of the common purpose test. The flight had better not be for the sole purpose of taking the passenger to the destination.
...
Forum: Private Flying
27th Feb 2019, 16:47
Replies: 47
Views: 6,631
Posted By 2Donkeys

Which is why you are less interested in number of...

Which is why you are less interested in number of fatal accidents (ie accidents in which at least one fatality occurs), and you are concerned about the total number of fatalities per unit of...
Forum: Private Flying
27th Feb 2019, 15:36
Replies: 47
Views: 6,631
Posted By 2Donkeys

Lots of scope for playing with the NTSB's...

Lots of scope for playing with the NTSB's statistics as I know you are well aware. The gap changes if one takes into account the number of fatalities as opposed to the number of fatal accidents, for...
Forum: Private Flying
27th Feb 2019, 13:54
Replies: 47
Views: 6,631
Posted By 2Donkeys

I don't think it is that particular flavour of...

I don't think it is that particular flavour of safety case that is imagined here. The FAA in applying the regulations they do are seeking to avoid private pilots performing flights that might...
Forum: Private Flying
27th Feb 2019, 13:19
Replies: 47
Views: 6,631
Posted By 2Donkeys

I think that part of the problem with what you...

I think that part of the problem with what you are saying EXDAC is that like the UK, the US legal system is based on common law. This means that the regulations, on which you base your point, are...
Forum: Private Flying
27th Feb 2019, 09:55
Replies: 47
Views: 6,631
Posted By 2Donkeys

Common purpose is a test for the validity of a...

Common purpose is a test for the validity of a cost-shared flight advocated by the FAA in a well known legal opinion, but it doesn't form the basis of regulation. The only real alignment of...
Showing results 1 to 12 of 12


 
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