Відео

You can’t hold out to the public to carry passengers or properly for compensation or hire. You can advertise the fact that you are a pilot which doesn’t show the intent that you are willing to take the public for hire.

@@pilotology3610 you can advertise yourself as a pilot, as long as you dont have operational control of the flight. the Pilot in Command (PIC) does not inherently possess operational control, which pertains more to decision-making on flight operations than merely flying the aircraft. For instance, commercial airline pilots, despite being in control of the aircraft's physical operation, exercise minimal operational control. Operational decisions-ranging from flight scheduling to crew payments-are made by the airline, not the pilot. Holding out, therefore, is not an individual pilot's issue but concerns operators advertising transportation services to the public. This distinction is crucial: advertising as a pilot for hire is not holding out, as it does not imply offering operational control of an aircraft. It merely represents an offer of professional skills to those who possess operational control.

Holding out is not an individual pilot's issue but concerns operators advertising transportation services to the public. This distinction is crucial: advertising as a pilot for hire is not holding out, as it does not imply offering operational control of an aircraft. It merely represents an offer of professional skills to those who possess operational control. A common pitfall for pilots is unknowingly participating in operations where the operator, not necessarily a pilot, is holding out. An illustrative scenario involves a business offering its aircraft for personal use by partners of a separate business, seeking an economic benefit. Here, the business assumes operational control and, if compensation is involved unbeknownst to the pilot, may inadvertently involve the pilot in an unauthorized charter operation.

@@Notsokyle I understand your point. the terms do hold some confusions and they are not clear, and everything is case by case scenario so if there is uncertainty, Fsdo shall be consulted. AC 120-12A mentions that a carrier becomes common carrier when it hold out to the public to carry pax or property for compensation or hire, and it also mentions that this carriers requires operation certificate. The AC in that case does not mention if you are supplying the aircraft or no it’s just mentions that you can’t hold out to the public for hire. We can try to dig more and look up defintions which will be in part 139 and 1510.3 which defines air carrier as person who undertakes directly by lease, or other arrangement, to engage in air transportation. This includes an individual, firm, partnership, corporation, company, association, joint-stock association, governmental entity, and a trustee, receiver, assignee, or similar representative of such entities” and 1510.3 defines as “means a citizen of the United States who undertakes directly to engage in or provide air transportation” Both definitions includes that the carrier could be an individual (does not have to be a company) who is provided or “engaging” in air transportation, there is nothing mentioned in the definitions on who has operational control or who is providing the aircraft. From my interpretation is that if you engage in air transportations by any means that makes you a carrier, so based on that I understand that as a pilot if you hold out to public to carry pax for hire that makes you a common carrier. I am not saying that your point is invalid, what I am saying is definitions are vague and if anyone is uncertain they should consult FSDO to be certain.

I agree that the definitions are vague. One note I must say is that your advertisement as a pilot should read specifically that you are only offering your pilot services. This is done by contract pilots posting their daily rates all the time. But once an advertisement can be misinterpreted as a full flight service, this is when it becomes a violation. So must be very clear of what they are offering.

Who is providing the aircraft?

@@pilotology3610 let’s say: 1- my friend is renting it from flight school, or 2- my friend owns the aircraft

Which friend, the one flying for a dinner or the one wants to be dropped off

@@pilotology3610 the one who is flying with me for the dinner

@@pilotology3610and how is it going to be different if the other friend rented the plane?

Yes you are mixing up different information from different sources. Private carriage does happen under part 91 as long as the customers provides the aircraft. If you are watching this video for your commercial training then do not confuse yourself with wet lease, dry lease, certifications standards (you do not need to know all of that). For private carriage under part 91 it’s just a simple question of does the customer provide the aircraft or no.

@@pilotology3610 so does that mean for every time I fly for part 91 I am going to be doing private carriage as long as I am holding out only my pilot services but not me and airplane (excluding ofc me not working under part 125 or 135)? And is there difference between having operational control of a flight and operational control of plane? Thank you again

@@ronaldobale2886 yes common carriage is not allowed under part 91, you will need an operator certificate which puts you under 121 or 135 unless you are operating under 119 exemption jobs. Private carriage can have an operator certificate which will go under 125/135 or they can operate without a one under part 91 with the condition of the customer providing the aircraft. The operational control question is worded a bit tricky because let’s say you are a pilot for delta and flying their 737, delta is the one who has operational control of that airplane as it is their property and they are the one who assigned you to be flying that airplane because they have operational control. If they want to unassign you and bring another pilot they will be able to because they have “operational control”, but in-flight the pilot in command has the final authority

@@pilotology3610 okay thank you I think I understand better now! Just last question am I able to hold out only pilot services as long as I am not advertising me and the plane as a package? like for example I overheard my friends wanting to fly South Carolina can I tell them that I am commercial pilot and willing to fly them as long as they provide the plane? And would I need to draw up some sort of contract between us to be safe every time? Thank you

@@ronaldobale2886 no you are not allowed to do that. Holding out to the public that you are willing to provide transportation for hire makes you common carriage not private carriage, so you will need an operator certificate unless you are 119 exemption

Did you pass?

@tylerfoley6644 Yes, sir. It's a pass and this video was very helpful.

Thank you so much for the encouraging comment. Yes you can, that’s how flight schools are able to provide you with the plane and the flight instructor!

I have came across the video but never actually watched it, I’ll make sure to take a look! Todd is a great pilot, I studied for my CFI license from his FOI library, a great instructor and their FOI videos helped me a lot as a CFI!

Glad it was helpful!

I am glad this video was helpful, Thank you!