Later this week the U.S. Supreme Court will review the Flytenow case, which is kind of extraordinary. Flytenow is one of several businesses launched to connect pilots with travelers going to the same destination who want to share expenses. The FAA determined that doing so the way that Flytenow promoted and delivered its services made it fall under the definition of “common carrier,” which would require that each Flytenow pilot member obtain a commercial operating certificate to hold out transportation services to the public.
Yet all that Flytenow and other similar companies did was connect pilots with passengers. It is perfectly legal for pilots and passengers to share flight expenses, as long as they are going to the same destination and not just for the purpose of transporting the passenger to that destination. In other words, the pilot has to be going there as well, not just because the passenger wants to go there. Pilots have been carrying passengers this way for years, and before the rise of the Internet presumably they connected with each other via bulletin boards, word of mouth or chance meetings at airports.