Privileges and Limitations Flashcards
Does providing both the aircraft and pilot services for compensation require a Part 119 operating certificate?
Yes, if the pilot has operational control, a Part 119 certificate is required.
What is the definition of operational control according to 14 CFR §1.1?
Operational control is the exercise of authority over initiating, conducting, or terminating a flight.
Who can hold operational control of a flight?
Operational control may be held by an operator, owner, or entity directing the pilot.
What is common carriage in aviation?
Common carriage is the carriage of passengers or cargo resulting from advertising availability to the public.
What are the four elements that define common carriage?
Holding out, transport of persons or property, from place to place, for compensation or hire.
Can a commercial pilot advertise broadly to the public for transportation services?
No, a commercial pilot cannot broadly offer transportation services to the general public.
What actions by a pilot would constitute holding out?
Holding out occurs when a pilot communicates that transportation services are available to the public, such as through advertising.
What is an example of holding out through agents or agencies?
Using agents or salespeople to gather passenger traffic from the public.
How does advertising in print publications relate to holding out?
Advertising in newspapers, magazines, or brochures is a direct means of holding out.
Why is posting a flight on a website considered holding out?
Because websites are accessible to the general public, which constitutes holding out.
How can social media lead to holding out in aviation?
If a pilot reaches out to a broad, undefined audience rather than a limited group with pre-existing relationships.
Why would using flight-sharing apps be considered holding out?
Flight-sharing apps advertise flights to a wide audience, which is seen as holding out by the FAA.
Under what circumstances might email communication be considered holding out?
Sending an email to a broad group of acquaintances, not just close friends, may be considered holding out.
How does personal solicitation without advertising relate to holding out?
Gaining a reputation for serving all customers, even without advertising, can constitute holding out.