A HELICOPTER FLOWN IN AIR TAXI OPERATION IN PART 135 CARRYING PASSENGERS IS CONTACTED BY THE FAA WHO ADVISE THE FLT SHOULD HAVE OPERATED UNDER FAR PART 91 DUE TO AERIAL PHOTOGRAPHY ACCOMPLISHED.

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IN ACCORDANCE WITH ISSUED NOTAMS I FILED AN IFR FLT PLAN TO CONDUCT A 135 VFR AIR TAXI CHARTER. AFTER THESE FLTS OF 9/TUES/01 I WAS CONTACTED BY ZZZ FSDO AND TOLD THAT THEIR FLTS WERE PART 91. I OF COURSE DISAGREE BECAUSE I WAS CARRYING PASSENGERS AND LANDED AT A DIFFERENT ARPT THAN I DEPARTED FROM. DURING THE FLT VIDEO WAS TAKEN AND BROADCASTS WERE MADE. THESE FLTS WERE CONDUCTED AND COMPLIED WITH PART 119 AND PART 135. IT IS THE POS OF THE ZZZ FSDO THAT I WAS IN VIOLATION BECAUSE I SHOULD HAVE CONDUCTED THESE FLTS TO THE LOWER STANDARD PART 91 AND NOT TO THE HIGHER STANDARD OF PART 135. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR STATED THE FLT OPERATED IN FAR PART 135 AND WAS CARRYING PASSENGERS AND WENT FROM HOME BASE TO ANOTHER ARPT WHERE THE PASSENGERS WERE DROPPED OFF. THE RPTR SAID THAT DURING THE FLT; VIDEOS WERE TAKEN AND THE FSDO MAINTAINS THE FLT SHOULD HAVE OPERATED UNDER PART 91 REGULATIONS COVERING AERIAL PHOTOGRAPHY. THE RPTR STATED A LOT OF CONFUSION EXISTED AT THE TIME DURING A NATIONAL DISASTER.