II 

110TH CONGRESS 

2D SESSION S. 3553 

To exempt certain charitable flights from certain regulations applicable to 

commercial flights. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Ms. MURKOWSKI (for herself and Mr. STEVENS) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To exempt certain charitable flights from certain regulations 

applicable to commercial flights. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Volunteer Pilot Act’’. 

5 SEC. 2. EXEMPTIONS FOR CERTAIN CHARITABLE FLIGHTS. 

6 (a) IN GENERAL.—Section 44701(f) of title 49, 

7 United States Code, is amended— 

8 (1) by striking ‘‘The Administrator’’ and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.—The Administrator’’; and 


wwoods2 on PRODPC68 with BILLS
2 

•S 3553 IS

1 (2) by adding at the end the following: 

2 ‘‘(2) CHARITABLE FLIGHTS.—Notwithstanding 

3 any other provision of law, a passenger or cargo car4 rying flight for the benefit of a nonprofit organiza5 tion recognized under Federal or State law that does 

6 not involve any payment from the beneficiary of 

7 such flight shall not be required to obtain an air car8 rier or commercial operator certificate under section 

9 44705, shall not be required to obtain an air carrier 

10 and commercial operator certificate under part 119 

11 of title 14, Code of Federal Regulations, and shall 

12 not be subject to drug and alcohol testing under sec13 tions 121.457 and 121.459 of such title 14, if— 

14 ‘‘(A) the flight is conducted from an air15 port that is adequate for the airplane or heli16 copter used; 

17 ‘‘(B) the airplane or helicopter has a max18 imum of 9 seats, excluding each crew member 

19 seat, and a maximum payload capacity of 7,500 

20 pounds; 

21 ‘‘(C) the flight is not an aerobatic or a for22 mation flight; 

23 ‘‘(D) the airplane or helicopter used for 

24 the flight holds a standard airworthiness certifi25 cate, is airworthy, and is operated in compliVerDate Aug 31 2005 00:35 Sep 27, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3553.IS S3553

wwoods2 on PRODPC68 with BILLS
3 

•S 3553 IS

1 ance with all applicable Federal Aviation Ad2 ministration airworthiness standards; 

3 ‘‘(E) reimbursement of, or donations to, 

4 the pilot in command of the airplane or heli5 copter does not exceed the total cost of owning, 

6 operating, and maintaining the aircraft for that 

7 flight, which may include fuel, oil, airport ex8 penditures, rental fees, insurance, and mainte9 nance; 

10 ‘‘(F) a private pilot acting as pilot in com11 mand has at least 500 hours of flight time; 

12 ‘‘(G) the flight is conducted in accordance 

13 with applicable Federal Aviation Administration 

14 safety regulations; and 

15 ‘‘(H) the pilot in command maintains a 

16 record with the Federal Aviation Administra17 tion that shows that the pilot is in compliance 

18 with all applicable Federal Aviation Administra19 tion regulations. 

20 ‘‘(3) CLASSIFICATION OF CHARITABLE

21 FLIGHTS.—Any flight meeting the requirements 

22 under paragraph (2) shall not be considered to be a 

23 flight for compensation or hire for purposes of the 

24 Federal Aviation Administration.’’. 


wwoods2 on PRODPC68 with BILLS
4 

•S 3553 IS

1 (b) RULEMAKING.—The Administrator of the Fed2 eral Aviation Administration shall promulgate regulations 

3 to carry out the amendment made by subsection (a). 

Æ 


wwoods2 on PRODPC68 with BILLS