Commercial - Common Carriage Flashcards
119 Certs. 119 Exceptions. Scenarios. Definitions.
What is the definition of a Commercial Operator?
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
What is the definition of Common Carriage?
The holding out of a willingness to transport persons or property, from place to place, for compensation or hire.
AC 120-12A
What is Holding Out?
- Advertising to the public
- Having a reputation for providing services
What is Private Carriage for hire?
- Not holding out (advertising)
- Carriage of one or several select, long term customers
- 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
What is the definition of Noncommon Carriage?
An aircraft operated for compensation or hire that does NOT involve a Holding Out to others.
* For hire without holding out
FAR 110.2
What is a Part 135 operation?
Those participating in On-Demand (Charter) or Commuter Operation
FAR 135.1
What is a Commuter Operation?
Scheduled operations with a frequency of at least 5 round trips per week on at least one route
FAR 110.2
What is an On-Demand Operation (Charter)?
- An operation where the departure time, location, & destination are determined by the customer.
- Scheduled, non-turbojet operations with a frequency of less than 5 round trips per week on at least one route.
FAR 1.1
What is a part 121 Operation?
Scheduled air carrier operations
What is a Part 125 Operation?
An operation having:
* More than 20 seats
OR
* 6,000lb or more max payload
What is FAR 119 for?
Tells us what kind of certificate we may need to operate for hire
Who does FAR 119 apply to?
- Air Carriers & Commercial Operators (unless you meet the exceptions)
- When not Common Carriage, an operation that has:
* More than 20 Pax seats
* 6,000lb or greater max payload
Does Private Carriage require an operating certificate?
In most cases, yes.
Podcast: The way I Taught it, Episode 31
What is a Wet vs a Dry lease?
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.
Will a Wet lease always require an operating certificate?
Yes, usually
Podcast: The way I Taught it, Episode 31
Will a Dry lease require an operating certificate?
Possibly, depending on the specific factors.
Reference:
* 119.23
* * AC 91-37b
* FAA General Aviation Dry Leasing Guide
Under what circumstances is no operating certificate required to operate for compensation or hire?
Under Part 91 via the following:
1. Operate under: 119.1(e) Exception
2. Operate Under: 91.501(b) Exception
- 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
What is a safe way to make sure that you do not operate outside the bounds of your approved operation/certificate?
Have a contract that spells everthing out in great detail, down to the names of passengers allowed on board.
If you are not sure of the legality of an upcoming operation, what can you do?
Reach out to your local FSDO well in advance of your operation to recieve an interpretation.
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?
NO
* This is a wet lease since Joe is the pilot & is also providing the aircraft, therefore he needs an Operating Certificate
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?
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.
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?
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
A business owner and aircraft owner hires a pilot to fly them and the employees on business related trips.
is this legal?
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
A business owner rents an aircraft from an FBO and hires a pilot to fly her to a meeting.
Is this legal?
Yes
* This is a dry lease operation, as long as the pilot is not renting the aircraft
A business owner rents an aircraft from an FBO, the FBO also decides to provide the pilot.
Is this legal?
No
* By providing the aircraft AND the pilot, the FBO is engaging in a Wet Lease and therefore requires an operating cert.
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?
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
With a Commercial Pilot Certificate can you fly for an airline under a 121 certificate?
NO, you will need an ATP Certificate
FAR 121.436
