The Birthday Flight with an Expired Review
Marisol holds a private pilot certificate with a balloon rating and a current third-class medical certificate. Her last flight review was signed off 25 months ago. In the past 90 days she has made two balloon flights, each with one takeoff and one landing; her most recent flight was 3 months ago. A longtime friend, who has never flown in a balloon, asks for a one-hour sunset flight and offers to pay the entire $180 propane bill. Marisol would pay nothing, and there is no other money involved. The friend says the flight is a birthday gift for herself. Marisol's logbook shows no other recent takeoffs or landings. The balloon is properly maintained and within weight limits. Marisol wants to know whether she can make the flight and, if not, what she must do before carrying the friend. She also asks whether the friend's payment changes the answer.
1. Can Marisol legally act as PIC for this flight? Identify every currency or qualification barrier and state the rule that applies.
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No. Two independent barriers apply. First, §61.56(c) prohibits acting as PIC unless the pilot has had a flight review within the preceding 24 calendar months. Marisol's review is 25 months old, so it has expired. Second, §61.57(a) requires three takeoffs and landings within the preceding 90 days in the same category, class, and type (if a type rating is required) before carrying passengers. Her two flights in 90 days supplied only two takeoffs and two landings, so she is not passenger-current. A current medical certificate does not cure either problem. To carry the friend she must complete a flight review and obtain three takeoffs and landings in the balloon within 90 days before the flight. The flight review itself can include takeoffs and landings, but they must fall within the 90-day window. Until both requirements are satisfied, she may fly solo but not with a passenger.
2. Assume Marisol completes a flight review today and makes three takeoffs and landings in the balloon within the last 90 days. May her friend pay the full $180 propane bill? Explain using the private pilot compensation rule.
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No, not as described. Under §61.113(a), a private pilot may not act as PIC for compensation or hire. Under §61.113(c), a private pilot may share operating expenses with passengers only if the pilot and passengers have a common purpose and each person pays no more than a pro rata share. With one passenger, the pro rata share is one-half. The propane bill is an operating expense, so the friend may pay at most $90 and Marisol must pay at least $90. If the friend pays the entire $180 and Marisol pays nothing, Marisol is receiving a free flight - a benefit that violates the compensation rule. The birthday-gift framing does not change the analysis; the test is who bears the expense, not the passenger's motive. The pilot and passenger should also share a bona fide common purpose; a flight conducted solely as a gift to the passenger may not meet that test. If Marisol carried two passengers, each could pay one-third, but the pilot still could not pay less than her own share.