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How is flyblackbird.com operating under Part 91K?

Is Part 91 Instrument currency for SIC similar to Part 135 requirements?Is a civilian pilot allowed to fly under part 91 rules with Night Vision Goggles?Which countries allow pilots to fly over the age of 65 for International Part 135 Operations?Is there a list of part 121 and/or 135 operators?Is it legal to give flight instruction in my own airplane without 100 hour inspection if doing it for no charge?What are “approved weather reporting services” and do they apply to part 91?How many aircraft and pilots can a part 135 cover?Is data approval by DER/DAR still required under new FAR part 23?Where can I find the regulations on the minimum stall speed for a GA aircraft?Under FAR Part 121, is it mandatory to execute a missed approach when unable to land within the touchdown zone?

5

$begingroup$

The website states they're not a Part 380. Love their service -- how will they avoid the same fate as Flytenow?

faa-regulations

share|improve this question

edited yesterday

ymb1

68.3k7216363

asked 2 days ago

GauchoGaucho

284

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add a comment | 

5

$begingroup$

The website states they're not a Part 380. Love their service -- how will they avoid the same fate as Flytenow?

faa-regulations

share|improve this question

edited yesterday

ymb1

68.3k7216363

asked 2 days ago

GauchoGaucho

284

New contributor

Gaucho is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

$endgroup$

add a comment | 

$begingroup$

The website states they're not a Part 380. Love their service -- how will they avoid the same fate as Flytenow?

faa-regulations

share|improve this question

edited yesterday

ymb1

68.3k7216363

asked 2 days ago

GauchoGaucho

284

New contributor

Gaucho is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

$endgroup$

share|improve this question

edited yesterday

ymb1

68.3k7216363

asked 2 days ago

GauchoGaucho

284

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Gaucho is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.

share|improve this question

edited yesterday

ymb1

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asked 2 days ago

GauchoGaucho

284

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edited yesterday

ymb1

68.3k7216363

edited yesterday

ymb1

68.3k7216363

asked 2 days ago

GauchoGaucho

284

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11

$begingroup$

Long story short, Blackbird appears to be set up so that the customer leases an aircraft and separately hires a pilot to fly it. That makes it a 'straight' part 91 operation.

---

Blackbird's terms and conditions for pilots specifically mention 91 B but not K and include a few interesting points (emphasis mine):

• Pilot services are offered as an independent contractor to users under a dry lease
  


• The pilot is not directly employed by the owner of the airplane


• The pilot operating the flight cannot own the aircraft being rented


• 
  Pilot hiring is at the discretion of the passenger; BlackBird will facilitate matching pilots with aircraft based on passenger
  selected routes, pilot qualifications, and location and availability
  of both pilot and aircraft


• Pilot understands that passenger (lessee) renting the aircraft and hiring the pilot accept and maintain operational control of the flight; these operational duties may be delegated to the pilot in command.

In other words, the passenger rents an aircraft from an owner and then separately hires a pilot to fly it, according to the passenger's instructions. Blackbird is saying that they only provide a marketplace, and the customers actually lease and operate the aircraft themselves.

This is from their general term and conditions:

The Platform provides a marketplace that enables users to (a) connect
with and lease aircraft from third parties that own, lease, or
otherwise control aircraft (“Aircraft Owners”) and to find and hire
flight crews (“Flight Crews”), or (b) join flights with third-party
operators or other BlackBird users on the Platform (“Third-Party
Operators”).

And:

If you wish to lease an aircraft from an Aircraft Owner and / or hire
qualified Flight Crew, then you can use the Platform to search for
available aircraft and Flight Crew

Because the owner just rents out the aircraft without a pilot, they aren't operating an air carrier. Because the pilot doesn't provide the aircraft, they aren't holding out. That means the only pilot qualification needed is a commercial certificate, although Blackbird also requires 500hrs, an instrument rating and a background check.

Now, whether or not that business model will survive if the FAA gets interested in it is another question. There was some discussion on the AOPA forums (members only) a while ago about Blackbird and I think the consensus came down to "technically legal, but pushing their luck with the FAA and DOT".

A semi-useful comparison here might be Uber. They've always claimed that they aren't a transportation company but rather a marketplace that just connects independent drivers with customers. That argument has succeeded in some places but not in others, and many countries and cities have decided that Uber is a transportation company and started regulating them. I have no idea whether or not that will happen with Blackbird.

share|improve this answer

answered yesterday

PondlifePondlife

52k10141289

$endgroup$

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  $begingroup$
  General aviation aircraft leasing has come under some scrutiny in Europe recently, following the death of footballer Emiliano Sala, and USA-registered aircraft were involved in the series of flights before the fatal crash. The FAA may be "encouraged" to get interested in this legal area …. bbc.co.uk/news/uk-wales-47626855
  $endgroup$
  – alephzero
  yesterday
  

  
  
  
  

add a comment | 

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11

$begingroup$

Long story short, Blackbird appears to be set up so that the customer leases an aircraft and separately hires a pilot to fly it. That makes it a 'straight' part 91 operation.

---

Blackbird's terms and conditions for pilots specifically mention 91 B but not K and include a few interesting points (emphasis mine):

• Pilot services are offered as an independent contractor to users under a dry lease
  


• The pilot is not directly employed by the owner of the airplane


• The pilot operating the flight cannot own the aircraft being rented


• 
  Pilot hiring is at the discretion of the passenger; BlackBird will facilitate matching pilots with aircraft based on passenger
  selected routes, pilot qualifications, and location and availability
  of both pilot and aircraft


• Pilot understands that passenger (lessee) renting the aircraft and hiring the pilot accept and maintain operational control of the flight; these operational duties may be delegated to the pilot in command.

In other words, the passenger rents an aircraft from an owner and then separately hires a pilot to fly it, according to the passenger's instructions. Blackbird is saying that they only provide a marketplace, and the customers actually lease and operate the aircraft themselves.

This is from their general term and conditions:

The Platform provides a marketplace that enables users to (a) connect
with and lease aircraft from third parties that own, lease, or
otherwise control aircraft (“Aircraft Owners”) and to find and hire
flight crews (“Flight Crews”), or (b) join flights with third-party
operators or other BlackBird users on the Platform (“Third-Party
Operators”).

And:

If you wish to lease an aircraft from an Aircraft Owner and / or hire
qualified Flight Crew, then you can use the Platform to search for
available aircraft and Flight Crew

Because the owner just rents out the aircraft without a pilot, they aren't operating an air carrier. Because the pilot doesn't provide the aircraft, they aren't holding out. That means the only pilot qualification needed is a commercial certificate, although Blackbird also requires 500hrs, an instrument rating and a background check.

Now, whether or not that business model will survive if the FAA gets interested in it is another question. There was some discussion on the AOPA forums (members only) a while ago about Blackbird and I think the consensus came down to "technically legal, but pushing their luck with the FAA and DOT".

A semi-useful comparison here might be Uber. They've always claimed that they aren't a transportation company but rather a marketplace that just connects independent drivers with customers. That argument has succeeded in some places but not in others, and many countries and cities have decided that Uber is a transportation company and started regulating them. I have no idea whether or not that will happen with Blackbird.

share|improve this answer

answered yesterday

PondlifePondlife

52k10141289

$endgroup$

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  $begingroup$
  General aviation aircraft leasing has come under some scrutiny in Europe recently, following the death of footballer Emiliano Sala, and USA-registered aircraft were involved in the series of flights before the fatal crash. The FAA may be "encouraged" to get interested in this legal area …. bbc.co.uk/news/uk-wales-47626855
  $endgroup$
  – alephzero
  yesterday
  

  
  
  
  

add a comment | 

11

$begingroup$

Long story short, Blackbird appears to be set up so that the customer leases an aircraft and separately hires a pilot to fly it. That makes it a 'straight' part 91 operation.

---

Blackbird's terms and conditions for pilots specifically mention 91 B but not K and include a few interesting points (emphasis mine):

• Pilot services are offered as an independent contractor to users under a dry lease
  


• The pilot is not directly employed by the owner of the airplane


• The pilot operating the flight cannot own the aircraft being rented


• 
  Pilot hiring is at the discretion of the passenger; BlackBird will facilitate matching pilots with aircraft based on passenger
  selected routes, pilot qualifications, and location and availability
  of both pilot and aircraft


• Pilot understands that passenger (lessee) renting the aircraft and hiring the pilot accept and maintain operational control of the flight; these operational duties may be delegated to the pilot in command.

In other words, the passenger rents an aircraft from an owner and then separately hires a pilot to fly it, according to the passenger's instructions. Blackbird is saying that they only provide a marketplace, and the customers actually lease and operate the aircraft themselves.

This is from their general term and conditions:

The Platform provides a marketplace that enables users to (a) connect
with and lease aircraft from third parties that own, lease, or
otherwise control aircraft (“Aircraft Owners”) and to find and hire
flight crews (“Flight Crews”), or (b) join flights with third-party
operators or other BlackBird users on the Platform (“Third-Party
Operators”).

And:

If you wish to lease an aircraft from an Aircraft Owner and / or hire
qualified Flight Crew, then you can use the Platform to search for
available aircraft and Flight Crew

Because the owner just rents out the aircraft without a pilot, they aren't operating an air carrier. Because the pilot doesn't provide the aircraft, they aren't holding out. That means the only pilot qualification needed is a commercial certificate, although Blackbird also requires 500hrs, an instrument rating and a background check.

Now, whether or not that business model will survive if the FAA gets interested in it is another question. There was some discussion on the AOPA forums (members only) a while ago about Blackbird and I think the consensus came down to "technically legal, but pushing their luck with the FAA and DOT".

A semi-useful comparison here might be Uber. They've always claimed that they aren't a transportation company but rather a marketplace that just connects independent drivers with customers. That argument has succeeded in some places but not in others, and many countries and cities have decided that Uber is a transportation company and started regulating them. I have no idea whether or not that will happen with Blackbird.

share|improve this answer

answered yesterday

PondlifePondlife

52k10141289

$endgroup$

• 
  
  
  

  
  2
  

  
  
  
  
  
  

  
  $begingroup$
  General aviation aircraft leasing has come under some scrutiny in Europe recently, following the death of footballer Emiliano Sala, and USA-registered aircraft were involved in the series of flights before the fatal crash. The FAA may be "encouraged" to get interested in this legal area …. bbc.co.uk/news/uk-wales-47626855
  $endgroup$
  – alephzero
  yesterday
  

  
  
  
  

add a comment | 

$begingroup$

Long story short, Blackbird appears to be set up so that the customer leases an aircraft and separately hires a pilot to fly it. That makes it a 'straight' part 91 operation.

---

Blackbird's terms and conditions for pilots specifically mention 91 B but not K and include a few interesting points (emphasis mine):

• Pilot services are offered as an independent contractor to users under a dry lease
  


• The pilot is not directly employed by the owner of the airplane


• The pilot operating the flight cannot own the aircraft being rented


• 
  Pilot hiring is at the discretion of the passenger; BlackBird will facilitate matching pilots with aircraft based on passenger
  selected routes, pilot qualifications, and location and availability
  of both pilot and aircraft


• Pilot understands that passenger (lessee) renting the aircraft and hiring the pilot accept and maintain operational control of the flight; these operational duties may be delegated to the pilot in command.

In other words, the passenger rents an aircraft from an owner and then separately hires a pilot to fly it, according to the passenger's instructions. Blackbird is saying that they only provide a marketplace, and the customers actually lease and operate the aircraft themselves.

This is from their general term and conditions:

The Platform provides a marketplace that enables users to (a) connect
with and lease aircraft from third parties that own, lease, or
otherwise control aircraft (“Aircraft Owners”) and to find and hire
flight crews (“Flight Crews”), or (b) join flights with third-party
operators or other BlackBird users on the Platform (“Third-Party
Operators”).

And:

If you wish to lease an aircraft from an Aircraft Owner and / or hire
qualified Flight Crew, then you can use the Platform to search for
available aircraft and Flight Crew

Because the owner just rents out the aircraft without a pilot, they aren't operating an air carrier. Because the pilot doesn't provide the aircraft, they aren't holding out. That means the only pilot qualification needed is a commercial certificate, although Blackbird also requires 500hrs, an instrument rating and a background check.

Now, whether or not that business model will survive if the FAA gets interested in it is another question. There was some discussion on the AOPA forums (members only) a while ago about Blackbird and I think the consensus came down to "technically legal, but pushing their luck with the FAA and DOT".

A semi-useful comparison here might be Uber. They've always claimed that they aren't a transportation company but rather a marketplace that just connects independent drivers with customers. That argument has succeeded in some places but not in others, and many countries and cities have decided that Uber is a transportation company and started regulating them. I have no idea whether or not that will happen with Blackbird.

share|improve this answer

answered yesterday

PondlifePondlife

52k10141289

$endgroup$

share|improve this answer

answered yesterday

PondlifePondlife

52k10141289

answered yesterday

PondlifePondlife

52k10141289

answered yesterday

PondlifePondlife

52k10141289