OPERATOR OF AN SMA SEL ACFT TRANSPORTED PROPERTY OF ANOTHER WITHOUT 'HOLDING' A FAR PART 135 OPERATING CERTIFICATE.

Narrative

IN AUG/92 A BIOLOGICAL LABORATORY APCHED ME TO SEE IF I WOULD TRANSPORT THEIR BLOOD SPECIMENS FROM LAWRENCE COUNTY AIRPARK (HTW) TO CHARLESTON; WV (CRW) AND CLARKSBURG; WV (CKB). I TOLD THEM I WOULD CHK WITH THE FAA AT MY LCL FSDO TO SEE IF WE COULD DO THE FLTS UNDER FAR PART 91. I CONTACTED A PERSON AT THE 'B' FSDO FOR THE ANSWER TO MY QUESTION. HE TOLD ME HE DID NOT HAVE AN ANSWER AT THE TIME BUT HE WOULD LET ME KNOW THE NEXT DAY. THE NEXT DAY HE CALLED AND SAID HE WAS SENDING THE INFO TO THEIR LEGAL DEPT AND TO FLY THE BLOOD SPECIMENS PART 91; UNLESS LATER TOLD NOT TO DO SO. ABOUT 9 MONTHS LATER THE 'A' FSDO RAMP CHKS US AT THE REQUEST OF THE 'B' FSDO. FAA INFORMS ME THAT THEY ARE INVESTIGATING AN INFRINGEMENT OF PART 135 AND THEY HAVE A VIOLATION PENDING; EVEN THOUGH THEY TOLD ME IF WAS OK UNLESS TOLD OTHERWISE. FSDO PERSONNEL HAS BEEN TRANSFERRED TO TX BUT THEY FOUND THE PAPERWORK WHERE HE CORRESPONDED WITH THE LEGAL DEPT. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING: RPTR STATED THAT THIS MATTER HAS BEEN CLRED UP WITH THE FAA FSDO AND THAT THIS OP IS CONTINUING UNDER PART 91.501(7) AS ADVISED BY THE NBAA (NATIONAL BUSINESS ACFT ASSOCIATION). HE FURTHER ADVISED THAT HE HAD APPLIED FOR AN 'AIR TAXI CERTIFICATE' UNDER PART 135.