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4 Answers

Private carriage for select friends in my plane under Part 91?

Asked by: 2094 views
Commercial Pilot

I am a licensed commercial pilot (>2,000 hrs) with a current Class 2 medical. I obtained the commercial for personal development and maybe insurance discounts, not because I want to become a pilot as my job.

I own a plane (SETP, 5+1 seats) and have had friends ask if I could fly them somewhere if they pay me a day rate + hourly for the plane rental. 

Since this would be private carriage and not common carriage (no holding out, only flying for a few select friends), and it is in a small aircraft, does it require my aircraft to be operated under Part 135 or is Part 91 ok?

AC120-12A seems to suggest that Part 91 is possible. Other interpretations make me think this is not possible (I'm not going to pursue 135 for a couple of flights per year for friends). 

The aircraft is owned by my business in which the aircraft operations are incidental to the main source of income which is not related to aviation. 

Summary: can a friend hire me to fly them somewhere in my plane if I am not in the business of being a commercial operator?

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4 Answers



  1. John D Collins on Jul 30, 2021

    No.

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  2. Mark Kolber on Jul 30, 2021

    AC129-12A is woefully outdated in that is really does imply that “private carriage” is Part 91. It’s not. “Private carriage” is Part 135 and there is a Part 135 private carriage certificate.

    If you want to, look up the term, “flight department company.” That’s a situation in which
    Company A owns 100% of Company B. Company B has airplane and crew which is used for only one purpose-to provide transportation to its owner, Company A. Nothing meets the definition of “private carriage” more than that. Only one customer. No holding out at all. But it is Part 135.

    Basically, unless it fits a specific exception, providing airplane and crew is “carriage” and involves Part 135.

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  3. John D Collins on Aug 10, 2021

    FYI https://www.ainonline.com/aviation-news/business-aviation/2021-08-09/faa-proposes-123m-penalties-illegal-charter?utm_medium=email&utm_source=rasa_io&PostID=35433725&MessageRunDetailID=6060220919

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  4. markm on Aug 12, 2021

    Thanks for the replies. I admit I got excited about options after reading AC129-12A but your clarification regarding the op spec and 135 requirements on the aircraft even when flown part 91 tamped down that temporary excitement.

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