Regs question

planejay

planejay

Well-Known Member
Anyone know where I can find information on holding out and common carriage and how it affects commercial pilots? I have been tearing through the FAR's and other various books and cannot remember where it was. Thanks for the help.
 
In addition to reading though a couple thousand pages of FAA legal opinion and case law, probably the best bet is to look at AC 120-12A PRIVATE CARRIAGE VERSUS COMMON CARRIAGE OF PERSONS OR PROPERTY. It's available online. I used to have a direct link, but the FAA seems to think it's fun to rearrange everything from time to time so you have to look for it all over again.

Thew current place to start is http://www.faa.gov/regulations_policies/advisory_circulars/
 
I've been doing a little research into this myself as I'd like more information on how to determine private vs. common carriage. I read AC 120-12A which references the regs of common carriage consisting of holding out (advertizing), transporting stuff, from point A to B, for $.

That makes it pretty easy to me.

Is it really this simple? because it seems like every time the subject comes up there's a big debate on things. Seems to me like you just need a checklist which consists of:
did I advertize?
to move stuff in an airplane?
from here to there, for money.

Am I missing something or do I need more resources to make this make more sense?
 
moxiepilot said:
Is it really this simple? because it seems like every time the subject comes up there's a big debate on things. Seems to me like you just need a checklist which consists of:
did I advertize?
to move stuff in an airplane?
from here to there, for money.

Am I missing something or do I need more resources to make this make more sense?
Click to expand...

It is simple enough, but not quite that simple.

For example, you don't have to advertise in order to be "holding out." Also, money doesn't necessarily have to change hands for it to be illegal.

The advisory circular above spells it out pretty good. It really boils down to this: if you have to put very much thought whatsoever into "ways" to make a flight legal, it probably isn't.
 
moxiepilot said:
I've been doing a little research into this myself as I'd like more information on how to determine private vs. common carriage. I read AC 120-12A which references the regs of common carriage consisting of holding out (advertizing), transporting stuff, from point A to B, for $.

That makes it pretty easy to me.

Is it really this simple? because it seems like every time the subject comes up there's a big debate on things. Seems to me like you just need a checklist which consists of:
did I advertize?
to move stuff in an airplane?
from here to there, for money.

Am I missing something or do I need more resources to make this make more sense?
Click to expand...

Receiving any type of compensation (even the flight time accumulated during the flight!) and any type of advertisement (even word of mouth or a common understanding that you're available for 'hire') makes it illegal.

But if you don't get caught . . .




. . . you're still a fool for risking your certificates and tarnishing the image of all pilots. Shame on you! :(
 
well, my inteest sparks from having to teach this stuff now. I've gotten through a few checkrides now, but it just hurts my head now trying to figure it out. I'm the kinda guy who has to know alot about things before teaching them. that's a plus and minus....
 
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