If a person exchanges email with a private pilot (who normally operates under FAR 91) with a view towards hitching a ride or taking an empty leg flight, does this act mean that the pilot must then operate under FAR 135?
Or alternatively, if there is no discussion of payment and/or barter, would the ride still take place under FAR 91? I have watched the demise of AirPooler, but this was a much more structured arrangement which blatantly invited scrutiny from the regulator. This question assumes there is no intermediary like AirPooler or BlackJet.
I am trying to find out what actually triggers an escalation in the rules. FAA would be fine, but anything on European regulators would be massively welcomed. I am UK based, not a pilot, and use empty leg on occasion, so I might be affected if the European regulators follow the FAA's lead. Knowing the trigger point is key.