FlyteNow loses in Court of Appeals

[midlifeflyer]

That's good. May I steal it?

 

[RotorAndWing]

That's good. May I steal it?

Help yourself.

Further more:

Common Carriage, Non Common Carriage, & Private Carriage.

Non Common Carriage as defined in 14 CFR part 110.2
Noncommon carriage means an aircraft operation for compensation or hire that does not involve a holding out to others.

Common Carriage and Private Carriage are not defined in Title 14 of the CFR as of July 2015.

Excerpt from 8900.1, Volume 2, Chapter 2, Section 2.
2-127 COMMON CARRIAGE VS. OPERATIONS NOT INVOLVING COMMON CARRIAGE.

A. Common Carriage. The first step in evaluating an application is determining whether an applicant will be engaged in common carriage. An applicant is engaged in common carriage if the applicant “holds out” to the public (by advertising or other means) to transport persons or property for compensation or hire.
B. Not Common Carriage. An applicant is not engaged in common carriage if he or she does not meet the above requirement. Operations not involving common carriage include the following definitions or exceptions. These definitions or exceptions are contained in part 119 and in sections of 14 CFR part 91.
1) Non common carriage involves the carriage of persons or property for compensation or hire, but there is no holding out. Non common carriage operations require the issuance of an operating certificate. Operations would be conducted under 14 CFR part 125 or part 135, depending on the type of aircraft, seating configuration, and payload capacity.
2) Private carriage involves the carriage of persons or property for compensation or hire with limitations on the number of contracts. The carriage of persons or property for compensation or hire under a contractual business arrangement between the operator and another person or organization, which did not result from the operator’s holding out or offering service is considered to be private carriage. (In this situation, the customer seeks an operator to perform the desired service and enters into an exclusive, mutual agreement as opposed to the operator seeking customers). Private carriage operations require the issuance of an operating certificate. Operations would be conducted under part 125 or part 135, depending on the type of aircraft, seating configuration, and payload capacity.
4) Operations in which persons or cargo are transported without compensation or hire are conducted under part 91 and do not require a certificate.

 

[RotorAndWing]

 

[Fearless Tower]

So if you wanted to do charter ops in a Beech 18, you would have to do it under 125 and not 135? Am I reading that correctly?

Not that I would, but I hadn't noticed the 6000lb weight limit for 135.

 

[RotorAndWing]

So if you wanted to do charter ops in a Beech 18, you would have to do it under 125 and not 135? Am I reading that correctly?

You're looking at "Authorized Private Carriage". If you want to do "On Demand" (i.e. Holding Out) 119.21(a) applies to you.

Not that I would, but I hadn't noticed the 6000lb weight limit for 135.

Operative words is "payload capacity"

119.23(b)(2)

(b) Each person who conducts noncommon carriage (except as provided in §91.501(b) of this chapter) or private carriage operations for compensation or hire with airplanes having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds shall—

(2) Conduct those operations in accordance with the requirements of part 135 of this chapter, except for those requirements applicable only to commuter operations