When a carrier "holds itself out"...

HumbleSiPilot77

HumbleSiPilot77

Well-Known Member
Hello folks,

Working on commercial ground take home quiz for college and I have two scenarios, just wanted to run them by here to see if I got it right...

Two scenarios;

Jesse was a commercial pilot who was sitting in a restaurant waiting for his check after eating a scrumptious chili dog. He overheard a conversation from the people sitting next to him who said they needed to go to Fresno for the weekend, but the airlines are all booked up. A light bulb illuminated above Jesse"s head, and he introduced himself to those next to him, "Hey I'm Jesse, I can fly you guys to Fresno in my plane!"
"How much would it cost?" they asked.
"I'll do it for 400 dollars."

Is Jesse doing anything in violation of the FARs? If so, how?
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I think this one is illegal and he is "holding out" ... He doesn't have the intention to go to Fresno himself but he wants to carry passengers for hire, he is approaching them for this contract. If there was a contract between them, maybe it would not have been illegal. Am I on the right track?

My parents know I'm a commercial pilot, and they want to pay me to fly them from point A to point B, a distance of 388 nautical miles, for a vacation. Is this flight legal?
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I think this one is the opposite since the family is approaching our pilot, he is not offering his services as a package or "holding out" as a commercial operator, it is legal.

What activities can you do as a commercial pilot, and act completely by yourself and be paid for your services? (name at least 3)
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Crop Dusting, Banner towing, Aerial Photography?

Thanks!
 
I'd agree that the first one is holding out. He want's to use his plane, had no intention of going to Fresno etc.
Second one I'd say is legal..getting approached by parents who knows if they'd even pay their own son/daughter. Might be different if they said can you fly us in a plane you own but the way the question is worded I'd say it is legal.

As for services that you can look up the complete list under FARs 119.1
 
Might be different if they said can you fly us in a plane you own but the way the question is worded I'd say it is legal.
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If he owned the aircraft, wouldn't it be still private carriage and under part 91, establishing that "long term basis"?
 
Why are you wasting your money on an aviation college class that does quizzes for a commercial written? Just get the question book and study that.
 
Thanks for all the responses. I'm not paying for college, my military service does. I am sure there are a million other ways to get a useful college degree in something other than aviation degrees schools like UND/ASU/ERAU provide and complete the necessary ratings on the side, being a VA student, this is the only way I am interested in completing the training. Class in question here is commercial ground school for 3 credit hours.


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Jesse was born into a family that constantly pushed him to do better. No matter how hard Jesse tried it wasn't ever good enough. Moving forward through the years. Jesse is looking to finally make his parents proud of his accomplishments in flying a 172 or fly them into a mountain as part of a weird suicide pact he has with his best friend Sam. Not cool. The first scenario isn't even possible. Jesse was arrested for a DUI three weeks before this supposedly took place and the judge revoked his driving privileges. Unless this eating establishment was within walking distance from the homeless shelter Jesse has been living and he had scraped up enough money for said chili dog from panhandling, which we all know Jesse is too lazy, then scenario 1 is false. Jesse was born a loser
 
deadpixel said:
I'd agree that the first one is holding out. He want's to use his plane, had no intention of going to Fresno etc.
Second one I'd say is legal..getting approached by parents who knows if they'd even pay their own son/daughter. Might be different if they said can you fly us in a plane you own but the way the question is worded I'd say it is legal.

As for services that you can look up the complete list under FARs 119.1
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I agree with this
 
In the second scenario, how does "owning the plane" change the situation, I am trying to understand that part.


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Bushmaster78FS said:
In the second scenario, how does "owning the plane" change the situation, I am trying to understand that part.


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Operational control. If you own the aircraft, you are operating as an air carrier, versus if they own the aircraft, you're merely providing pilot services.

deadpixel said:
I'd agree that the first one is holding out. He want's to use his plane, had no intention of going to Fresno etc.
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For what it's worth, I never intend to go to Fresno.

Also, the OP may find this (PDF target) useful in figuring out private versus common carriage.
 
AC120-12A was a class handout actually. Just not too familiar with the legal language. Thank you though!


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