Intrastate Common Carriage

[guywhoflies]

My boss and I are debating the regs regarding "intrastate common carriage". We are trying to write a LOC for a single pilot 135 operator. In the sample LOC provided by the FAA, they always say "Company XYZ will not engage in intrastate common carriage". To me, "intrastate common carriage" is simply common carriage within your state. I can't find a formal definition anywhere. Why does everything I read say we will not conduct those operations? Maybe I am reading it wrong. Anybody with experience with LOC's, please chime in and enlighten me. Thanks guys and gals!

 

[Pilotforhire587]

Can't really help but welcome to the hmmm.... how should I say.... lack of specificity the FAA uses in most of the regs... Just enough to make you think you are ok and for an FAA guy to violate on you if he sees it differently... Hopefully you will get a hand with that

 

[RICHARD5]

/7500/

If you think the FAA lacks specificity you should try OSHA. Vaguely written, strictly enforced.

/7500 terminated/

 

[Pilotforhire587]

/7500/

If you think the FAA lacks specificity you should try OSHA. Vaguely written, strictly enforced.

/7500 terminated/

lol

 

[guywhoflies]

Anybody???

 

[MidlifeFlyer]

Anybody???

Sure. It's a business. Hire a Part 135 compliance specialist or an aviation attorney. Why would you want advice on a business operation from "some guy on the internet."

If it helps any, the FAA sample LOC I've seen says exactly the opposite - that it's for intrastate operations, and the resulting certificate would exclude interstate operations.

http://www.faa.gov/licenses_certificates/airline_certification/media/SPLOC.doc

 

[SpiraMirabilis]

Are you applying for an air carrier certificate for private carriage? If you are it will state that intrastate common carriage is prohibited (interstate common carriage is implied to be prohibited as well until you receive additional economic authority on your intrastate carriage certificate.)

For example, you could be issued a 135 certificate in accordance with part 119.5(e): "A person authorized to engage in noncommon or private carriage under part 125 or part 135 of this chapter, or both, shall be issued only one certificate authorizing such carriage, regardless of the kind of operation or the class or size of aircraft to be operated."

A common carrier is not permitted to conduct noncommon carriage because the FAA believes that they cannot claim that the carrier can engage in private carriage that would not have benefited from the holding out of its common carriage side. It is one or the other.

 

[MidlifeFlyer]

Are you applying for an air carrier certificate for private carriage?

Good question. Might be the wrong application altogether. That's the problem with answering these kinds of questions - not enough information to give a reliable answer.

 

[guywhoflies]

We are applying for an air carrier certificate for common carriage. We will be conducting on-demand passenger and/or cargo operations under Part 135.

I have looked through that sample LOC about 100 times and now I can't find the section that mentioned intrastate common carriage. Ugh! I think my brain has become mush from reading regs for the last two weeks straight.

Thanks for the help guys!

 

[SpiraMirabilis]

Some advice: Be a will carry for hazmat, At first you would think it would be easier to be a will not carry, but really you need the same hazmat training (to be able to recognize and deny the haz for the will not).