Privileges and Limitations Flashcards
What are the eligibility requirements for a Commercial Pilot (airplane) Certificate?
(14 CFR 61.123)
a. Be at least 18 years of age.
b. Be able to read, speak, write, and understand the English language.
c. Hold at least a private pilot certificate.
d. Hold at least a current Third Class Medical Certificate.
e. Received the required ground and flight training endorsements.
f. Pass the required knowledge and practical tests.
g. Meet the aeronautical experience requirements.
What are the aeronautical experience requirements for a Commercial Pilot Certificate?
(14 CFR 61.129) A person who applies for a Commercial Pilot Certificate with an airplane category and single-engine class rating must log at least 250 hours of flight time
What privileges apply to a commercial pilot?
(14 CFR 61.133)
a. Carrying persons or property for compensation or hire.
b. For compensation or hire.
Explain the difference between your commercial pilot privileges and the operational authority required to conduct a flight for compensation or hire.
(AC 61-142) Even though a Commercial Pilot Certificate allows a pilot to carry passengers or property for compensation or hire, it does not allow them to act as an air carrier or commercial operator without first obtaining an air carrier or operating certificate.
Define Commercial Operator
(14 CFR Part 1) A commercial operator is a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier or under the authority of Part 375.
Would being both the pilot and the provider of an aircraft to someone for compensation or hire require the pilot to also be in possession of a Part 119 operating certificate?
Yes, you are required to have been issued an operating certificate to conduct that operation under Part 135, or Parts 121 or 125 if larger aircraft and more complex operations are involved.
Define Operational Control
(AC 91-37, 14 CFR 1.1) Operational control with respect to a flight, means the exercise of authority over initiating, conducting or terminating a flight. Operational control involves three basic areas: flight crew, aircraft, and flight management.
What is Common Carriage?
(AC 120-12A) Common carriage refers to the carriage of passengers or cargo as a result of advertising the availability of the carriage to the public.
There are four elements in defining a common carrier:
a. A holding out or a willingness,
b. to transport persons or property,
c. from place to place,
d. for compensation or hire.
What actions by a pilot would constitute holding out?
(AC 61-142, AC 120-12) Holding out is accomplished by any means that communicates to the public that a transportation service is indiscriminately available to the members of that segment of the public that it is designed to attract.
What are examples of factors that the FAA would consider in determining whether an operator is holding out?
(AC 120-12A) Examples of holding out are: a. Agents, agencies, or salespeople b. Print publications c. Internet d. Websites e. Social media f. Apps g. Email h. Personal solicitation and reputation/course of conduct
Are there commercial operations that a commercial pilot could conduct that do not require the issuance of a Part 119 certificate?
(14 CFR Part 119.1) A Part 119 certificate is not required when conducting:
a. Student Instruction.
b Non-stop commercial air tours (14 CFR §119.1(e)(2)).
c. Ferry or training flights.
d. Crop dusting, seeding, spraying, or bird chasing.
e. Banner towing.
f. Aerial photography or survey.
g. Firefighting.
h. Powerline or pipeline patrol.
i. Carrying persons for the purpose of intentional parachute operations.
j. Emergency mail service.
k. Carriage of candidates in elections (14 CFR §91.321).
What are the three types of operations that require a Part 119 certificate?
(14 CFR 119.5)
a. Operations as a direct air carrier.
b. Operations as a U.S. commercial operator.
c. Operations when common carriage is not involved as an operator of U.S. registered civil airplanes with a seat configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more (Part 125).
What are the two basic types of certificates issued to applicants under Part 119?
(14 CFR 119.5)
a. Air Carrier Certificate
b. Operating Certificate
What are the four types of operations that do not involve common carriage?
(14 CFR 110.2)
a. Non-common carriage.
b. Operations in which persons or cargo are transported without compensation or hire.
c. Operations not involving the transportation of persons or cargo.
d. Private carriage.
Define Non-Common Carriage
(14 CFR 110.2, 119.23) Non-Common carriage is an aircraft operation for compensation or hire that does not involve a holding out to others. Operations are conducted under Part 125 or 135, depending on the type of aircraft, seating configuration, and payload capacity.
Define Private Carriage
(AC 120-12A) Private Carriage is an aircraft operation for compensation or hire that does not involve a holding out to others, and has a limited number of contracts generally on a long term basis.
What are examples of non-common carriage operations that involve the transportation of persons or property and may involve compensation, but are conducted under Part 91?
(14 CFR 91.501) Operations of large airplanes, and fractional ownership programs including:
a. Flights conducted by the operator of an airplane for the operator’s own personal transportation, or the transportation of guests.
b. Carriage of company officials, employees, and guests on an airplane operated under a time sharing, interchange, or joint ownership agreement.
c. Carriage of property (except mail) incidental to business (limited compensation for expenses).
d. Carriage of a group (with common purpose) when there is no charge, assessment, or fee.
e. Fractional ownership.
Define Wet Lease
(AC 91-37, 14 CFR 110.2) Wet Lease is any leasing arrangement whereby a person agrees to provide an entire aircraft and at least one crewmember. The lessor maintains operational control. Common example is the charter operator conducting operations under Part 135.