Qualifications & Regulations Flashcards
What are the aeronautical experience requirements for a helicopter commercial pilot certificate?
- 250 total time
- 100 hrs in a powered aircraft, 50 in a helicopter
*
What priveleges apply to a commercial pilot?
May act as PIC:
* carrying persons or property for hire
* for compensation or hire
61.133
What does the term commercial operator refer to?
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 carrier under part 375.
There is a difference between a pilot acting in accordance with their commercial pilot priveleges vs an aircraft acting in a commercial carriage capacity.
What does the term “holding out” mean?
A carrier is holding out when they represent themselves as willing to furnish transportation within the limits of it’s facilities to any person who wants it.
Basically if the general public comes to you and asks you to fly them and you agree, you are probably holding out. Any form of advertising is a clear sign of holding out.
Explain the difference between your commercial pilot priveleges and the operational authority required to conduct a flight for compensation or hire.
The priveleges and limitations conferred on pilots are separate and distinct from the operational authority required to conduct the flights. A person who holds a cert may act as PIC of an aircraft operated for compensation or hire and may carry persons or property for hire if done in accordance with an operator certificate under part 119. If the aircraft is generating revenue or benefit, it is also considered to be acting commercially.
AC 61-142
Basically in order to hold out, unless a valid exception from operational certification applies, a commercial/ATP pilot must be operating in accordance with an air carrier cert or operating cert under part 119. These are typically operated then under part 121 or part 135 operational approvals.
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 cert?
Generally if you are being compensate for providing a service to another person and have operational control of the aircraft in which that service is provided, you are required to have been issued an operating cert to conduct that operation under part 135, or part 121 or 125 if larger aircraft and more complex operations are involved.
Define the term operational control.
The exercise of authority over initiating, conducting, or terminated a flight. Not to be misconstrued as PIC. It involves 3 basic areas:
- Flight Crew
- Aircraft
- Flight Management
1.1
What is common carriage?
Refers to the carriage of passengers or cargo as a result of advertising the availability of the carriage to the public. A carrier becomes a common carrier when it “holds out” to the public as willing to furnish transportation within the limits of its facilities to any person who wants it. 4 elements define a common carrier:
- Holding out or a willingness
- to transport persons or property
- from place to place
- for compensation or hire
AC 61-142, AC 120-12
What are examples of factors the FAA would consider in determining whether an operator is holding out?
Whether the operator is using:
- Agents, agencies, or salespeople—people who obtain passenger traffic from the general public and collect them into groups to be carried by the operator
- Print publications—advertising in print
- Internet—advertising online
- Websites—posting of a flight on a website accessible to the general public, or a segment of the general public
- Social media—in order to avoid holding out, a pilot would have to reach out to a defined and limited group of people with whom they have an ongoing, pre-existing relationship apart from expense sharing
- Apps—the use of mobile or electronic devices to advertise flights for cost sharing under 61.113(c) is holding out
- Email—an email among close friends, asking to share operating expenses. However, sending an email to every friend, aqcuaintance or colleague, or contact is holding out
- Personal Solicitation and reputation/course of conduct—Generally, if you’re being compensated for providing a service to another person and have “operational control” of the aircraft that the service is provided with, you’re going to have to be issued a part 119 cert to conduct that operation under part 135, or 121 or 125 if larger aircraft/more complex ops are involved.
AC 61-142
Are there commercial operations that a commercial pilot could conduct that do not require the issuance of a part 119 cert?
- Student instruction
- Non-stop commercial air tours
- Ferry or training flights
- Ag—crop dusting, seeding, spraying, bird chasing
- Banner towing
- Aerial photography or survey
- Firegfighting
- Powerline or pipeline control
- Carrying persons for the purpose of intentional parachute ops
- Emergency mail service
- Carriage of candidates in elections (91.321)
119.1
This is a list of ops that are exempted from requireing an air carrier cert for a commercial pilot to conduct the activities. These are instances when the aircraft is operating commercially. When the aircraft is not acting commercially, such as in private carriage, this does not preclude the pilot from acting commercially as a pilot in accordance with their cert priveleges
Determine if either of the following 2 scenarios are common carriage ops
- I am a local businessperson and require a package to be flown to a distant destination ASAP. I will pay you to fly my airplane to deliver this package.
- I am a local businessperson and require a package to be flown to a distant destination ASAP. You reply you can do the job for a fee. You promptly line up a local rental aircraft you’re checked out in and deliver the package.
- You aren’t in operational control of the aircraft and are just being paid for your pilot services to fly the aircraft for the owner.
- Considered common carriage as an operation because you are holding out by having a general willingness to provide a customer with both an aircraft and the pilot services for compensation/hire
Determin if the following scenarios would be considered common carriage
- A pilot who owns his own aircraft has recently had his medical cert suspended. The pilot normally flies himself to business meetings and has asked you as a pilot to fly the aircraft for him until he can get his medical back. The pilot will pay you a daily rate to fly the aircraft while he attends meetings.
- A pilot who owns her own aircraft has a friend who would like to use the aircraft to get to some meetings. The pilot offers access to the aircraft and your pilot services packaged for an hourly operation rate to the friend, who will pay for the use.
- The pilot is acting on their commercial cert priveleges, while the aircraft operational control remains with the owner who is securing (hiring) the pilot to fly for them. Not holding out.
- The owner is providing a package of aircraft+pilot for compensation, which would constitute holding out and requires a commercial operator cert.
What are the 3 types of ops that require a part 119 cert?
- Ops as a direct air carrier
- Ops as a US commercial operator
- Ops when common carriage is not involved as an operator of US registered civil airplanes with a seat config of 20+ pax or a max payload of 6k lbs or more (part 125)
119.5
What are the two basic types of certs issued under part 119?
- Air Carrier Certificate—issued to applicants who plan to conduct interstate, foreign, or overseas transportation, or to carry mail
- Operating Certificate—issued to applicants who plan to conduct intrastate common cairrage ops and certain applicants who do not conduct common carriage ops
119.5, drs.faa.gov
What are the four types of ops that do not involve common carriage?
- Non-common carriage
- Ops in which persons or cargo are transported without compensation or hire
- Ops not involving the transportation of persons or cargo
- Private carriage
110.2, 119.3
Non-common carriage and private carriage are commercial because they involve compensation/hire. Ops in which persons or cargo are transported without compensation/hire and ops not involving the transport of persons or cargo are non-commercial
Define non-common carriage.
Involves carriage of persons/property for compensation or hire, but there is no holding out. Requires the issuance of an operating certificate. Ops are conducted under parts 125 or 135.
drs.faa.gov
Define private carriage.
Involves the carriage of persons/property for compensation/hire with limitations on the number of contracts. The carriage of persons/property for compensation/hire under a contractual business arrangement between the operator and another party, which did not result from the operator holding out, is considered to be private carriage. Private carriage ops require the issuance of an operating certificate.
drs.faa.gov
What is the difference between a wet lease and a dry lease involving an aircraft?
Wet Lease—A leasing arrangement where a person agrees to provide an aircraft and at least one crewmember. Eg. charter of an aircraft and crew to passengers under part 135.
Dry Lease—The leasing of an aircraft without the crew. You do not need an operating certificate as long as you do not carry persons/property for compensation/hire.
110.2, AC 91-37
Describe a common form of a dry lease.
Include rental agreements and, in aircraft, trust arrangements and operating agreements. Under a dry lease, the compensation being paid is typically in the form of a rental payment in exchange for the lessee’s own use of the equipment being rented.
Why do we care about the difference between a wet and dry lease?
The regulations that govern an aircraft’s operation will be different depending on who has operational control of the flight and whether the aircraft was wet leased or dry leased. If a wet lease, the operation will need an air carrier certificate and be conducted under part 121 or 135.
AC 91-37
Describe the difference between part 91 Subpart F, 119, 121, 125, and 135.
Part 91 Subpart F—Generally corporate ops not involving common carriage
Part 119—Consolidates certification and ops specs requirements for persons who opearte in common carriage under parts 121 and 135. Also lists ops that do not require an air carrier or commercial operating certificate
Part 121—Establishes the regulations for air carriers flying for compensation or hire. These ops require issuance of an air carrier certificate and associated ops specs
Part 125—Establishes certification and operational rules for large airplanes having a seating capacity of 20 or more passengers or a maximum payload capacity of 6,000 lbs or more, when common carriage is not involved. These rules substantially upgrade the level of safety applicable to large airplanes formerly operated under part 91
Part 135—Governs commuter or on-demand operations; requires issuance of an air carrier or operating certificate and associated ops specs
To act as a required flight crewmember of a civil aircraft, what must a pilot have in his/her posession or readily accessible in the aircraft?
- Pilot Certificate
- Government-issued photo ID
- Medical certificate appropriate to the operation
61.3
If a certificated pilot changes their permanent mailing address and fails to notify the FAA of the new address, how long may the pilot continue to exercise the priveleges of their pilot certificate?
30 days after the date of the move.
61.60
