Commercial - Common Carriage

Question 1

What is the definition of a Commercial Operator?

Answer 1

A person who, for compensation or hire, engages in the carriage of persons or property (other than as an air carrier).

• When ‘for hire’ is in question, the test is whether or not the operation is just incidental to the person or business, or is a major enterprise for profit.

FAR 1.1

Question 2

What is the definition of Common Carriage?

Answer 2

The holding out of a willingness to transport persons or property, from place to place, for compensation or hire.

AC 120-12A

Question 3

What is Holding Out?

Answer 3

1. Advertising to the public
2. Having a reputation for providing services

Question 4

What is Private Carriage for hire?

Answer 4

1. Not holding out (advertising)
2. Carriage of one or several select, long term customers
3. Less than between 3 & 18 contracts, depending on specifics (FAA legal interpretation)

• Person who is paying for the carriage cannot charge to also carry persons or property for hire

Podcast: The way I Taught it, Episode 31

Question 5

What is the definition of Noncommon Carriage?

Answer 5

An aircraft operated for compensation or hire that does NOT involve a Holding Out to others.
* For hire without holding out

FAR 110.2

Question 6

What is a Part 135 operation?

Answer 6

Those participating in On-Demand (Charter) or Commuter Operation

FAR 135.1

Question 7

What is a Commuter Operation?

Answer 7

Scheduled operations with a frequency of at least 5 round trips per week on at least one route

FAR 110.2

Question 8

What is an On-Demand Operation (Charter)?

Answer 8

1. An operation where the departure time, location, & destination are determined by the customer.
2. Scheduled, non-turbojet operations with a frequency of less than 5 round trips per week on at least one route.

FAR 1.1

Question 9

What is a part 121 Operation?

Answer 9

Scheduled air carrier operations

Question 10

What is a Part 125 Operation?

Answer 10

An operation having:
* More than 20 seats
OR
* 6,000lb or more max payload

Question 11

What is FAR 119 for?

Answer 11

Tells us what kind of certificate we may need to operate for hire

Question 12

Who does FAR 119 apply to?

Answer 12

1. Air Carriers & Commercial Operators (unless you meet the exceptions)
2. When not Common Carriage, an operation that has:
   * More than 20 Pax seats
   * 6,000lb or greater max payload

Question 13

Does Private Carriage require an operating certificate?

Answer 13

In most cases, yes.

Podcast: The way I Taught it, Episode 31

Question 14

What is a Wet vs a Dry lease?

Answer 14

Wet Lease
* Aircraft & Crew are provided by the same source (Certificate required)

Dry Lease
* Pilot is merely offering their services, and does not also provide the aircraft.

Question 15

Will a Wet lease always require an operating certificate?

Answer 15

Yes, usually

Podcast: The way I Taught it, Episode 31

Question 16

Will a Dry lease require an operating certificate?

Answer 16

Possibly, depending on the specific factors.
Reference:
* 119.23
* * AC 91-37b
* FAA General Aviation Dry Leasing Guide

Question 17

Under what circumstances is no operating certificate required to operate for compensation or hire?

Answer 17

Under Part 91 via the following:
1. Operate under: 119.1(e) Exception
2. Operate Under: 91.501(b) Exception

3. Operate Under: Dry Lease &..
   * You dont have operational control
   * You are not holding out (advert)
   * Flight is only incidental to business or there is a common purpose for all on board
   * No pax or property is carried for hire, the business or organization pays for everything
   * Less than 20 Pax seats
   * Less than 6,000lb max payload

Question 18

What is a safe way to make sure that you do not operate outside the bounds of your approved operation/certificate?

Answer 18

Have a contract that spells everthing out in great detail, down to the names of passengers allowed on board.

Question 19

If you are not sure of the legality of an upcoming operation, what can you do?

Answer 19

Reach out to your local FSDO well in advance of your operation to recieve an interpretation.

Question 20

Scenario: Joe owns a Cessna and has a Commercial Rating, Bob asks Joe to take him to MSP and Bob wants to pay ALL expenses.

Is this legal?

Answer 20

NO
* This is a wet lease since Joe is the pilot & is also providing the aircraft, therefore he needs an Operating Certificate

Question 21

Scenario: A CFI is asked by the owner of the Flight School to transport a person to a destination to visit family, the person is also interested in flying and the Pilot is asked to make it a demo flight.

Is this legal?

Answer 21

NO
* This kind of operation sounds like it would require a 135 cert, especially since it is not listed as an exception in 91.501b or 119.1e.

Question 22

Schenario: A pilot has applied for, but has not yet recieved a part 135 cert. His brothers company contacts him with an urgent request for air transportation, knowing that his brothers company will likely be a good company in the future. The pilot agrees to do the flight free of charge.

Is this legal?

Answer 22

NO
* The FAA has ruled that even ‘good will’ can be a form of compensation
* The pilot is recieving good will compensation in the hopes of future business

Question 23

A business owner and aircraft owner hires a pilot to fly them and the employees on business related trips.

is this legal?

Answer 23

Yes
* Dry lease, pilot is providing services
* Employees are not paying for the flight
* The buisiness owner assumes all costs for the flight
* No Operating Cert is needed

Question 24

A business owner rents an aircraft from an FBO and hires a pilot to fly her to a meeting.

Is this legal?

Answer 24

Yes
* This is a dry lease operation, as long as the pilot is not renting the aircraft

Question 25

A business owner rents an aircraft from an FBO, the FBO also decides to provide the pilot.

Is this legal?

Answer 25

No
* By providing the aircraft AND the pilot, the FBO is engaging in a Wet Lease and therefore requires an operating cert.

Question 26

Scenario: Joe an Jane are married. Jane owns an aircraft rental company. Joe is a commercial pilot. Joe is hired by one of Janes customers to pilot one of her rental aircraft.

Is this legal?

Answer 26

No.
* The FAA has considered this kind of arrangment as a Wet Lease, since they are married. They will need an Operating Certificate

See Administrater vs Nix

Question 27

With a Commercial Pilot Certificate can you fly for an airline under a 121 certificate?

Answer 27

NO, you will need an ATP Certificate

FAR 121.436