The following article appeared in the July 2020 issue of the American Bonanza Society magazine - www.bonanza.org
Images of airliners packed with people wearing face masks have sparked fear in many and have caused mass cancelations of travel plans. As people start to tip-toe their way out of isolation, an increase in the desire to travel is starting to emerge. But there is still much fear about boarding an airliner. A local jet center told me there have been a record number of inquiries about private jet travel, and I have even had a number of aviation clients and students reach out to me asking what it would take to get their commercial pilot certificate. Why would there be so much interest in getting a commercial certificate? My sense is pilots are seeing an untapped opportunity to capitalize on individuals starting to move around, whether it be for vacation or other reasons, and to utilize their Bonanzas and Barons to satisfy these needs.
If you want to get paid for flying your airplane, is your biggest challenge finding the motivation to get your commercial pilots license? Possibly. But first we must take a look at the regulations for commercial pilots and operations to determine whether your ideas are legal.
COMMERCIAL PILOT PRIVILEGES
FAR 61.133 outlines privileges and limitations for commercial pilots, so it is natural to go there for guidance. Here is an excerpt of the regulation (I emphasized the part in bold print):
FAR 61.133 (a) Privileges -
(1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft (i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation;
The phrase that is bolded indicates there are other parts of the FARs that might apply. If you have ever heard of Parts 135 or 121, you have an idea that there are other regulations in play depending on what you are planning on doing with your newly minted commercial pilot’s license.
Thinking back to some of the rudimentary methods I used as a private pilot to remember some of those fringe FARs, I always equated Part 121 with airliners – scheduled service – and Part 135 with “those corporate guys” flying around the rich and famous to exotic destinations – on-demand service. It does not seem like either of these apply to what we are contemplating. Or do they?
PART 119
It may seem shocking, but when I was training pilots for ratings and certificates (specifically commercial pilot), my students would shake their heads in disbelief as I introduced an FAR they never heard of –Part 119. This Part is key to understanding what you can and can’t do as a commercial pilot.
The title of FAR Part 119 is "Certification: Air Carriers and Commercial Operators". Not a particularly lengthy set of regulations compared to the two we are used to (Parts 61 and 91), but section 119.1 explains that this FAR applies to each person operating or intending to operate civil aircraft - as an air carrier or commercial operator. Further reading outlines some of the nuances of how commercial operators or air carriers should operate, and what additional FARs apply to them: such as Part 135 and Part 121.
One interesting paragraph in the very first section – 119.1(e) – introduces a convoluted phrase riddled with double negatives, which makes it difficult to determine what is being said. Essentially this section outlines parameters for determining what additional FARs may apply to you, and probably more importantly, outlines those specific operations that can be performed by commercial pilots without worrying about the additional FARs such as Part 135.
You may read this section and think: “Wait a minute. Commercial operator? Part 135? I’m not a commercial operator, I’m just a pilot that wants to fly people around and get paid for it.”
As we start to dig into what this really means, we need to define commercial operator. A quick look at FAR Part 1.1 shows that commercial operator is defined as “a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property.” This is exactly what most pilots I have talked with are considering and is evidence that this FAR, and potentially others, now applies to you. Leave it to the FAA to create an FAR that prescribes additional FARs!
THE BREAKDOWN
Now that we have determined that FAR Part 119 applies to anyone wanting to perform commercial operations and have defined what it means to be a commercial operator, let’s look at 119.1(e), which outlines those activities a commercial pilot can do without falling under Parts 135 or 121. These activities include flight instructing, aerial photography, and banner towing. However, none of them align to being paid for flying people or things in my Beechcraft.
As we continue to investigate, we come across 119.23(b). This sounds very similar to what we might be considering:
119.23(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 –
- Comply with the certification and operations specifications requirements in subpart C of this part;
- Conduct those operations in accordance with the requirements of Part 135 of this chapter, except for those requirements applicable only to commuter operations; and
- Be issued operations specifications in accordance with those requirements.
It looks like our planned operation needs to comply with these three items. The first states that we must meet the requirements of subpart C, which outlines requirements for operating Part 121 and 135. A little more directly, the second item says we must conduct operations in accordance with Part 135. Finally, we must be “issued” operations specifications from the FAA FSDO – which will be part of an FAA Air Carrier Certificate. This means that you will be interacting with the FAA quite a bit more than what you are probably used to…
…and just like that, we are now bound by FAR Part 135.
CONCLUSION
The real travesty of an article like this is that I likely dashed the dreams of many pilots looking to make some cash while flying their aircraft. “Does this mean that getting paid to fly is out of the question?” Certainly not. If you decide to add a commercial pilot certificate to your list of accomplishments, you will need to embark on the process of obtaining Part 135 Air Carrier certification if you want to provide carriage to the public and get paid for it. These additional rules are not trivial, but they are obviously doable as evidenced by the many Part 135 operations happening daily throughout the country. You will be required to obtain an FAA operating certificate and jump through a host of other procedures for maintaining it. I recommend that you enter into this with eyes wide open and take a look at subpart C of Part 119 to see if this is a journey you want to consider. A peek at FAR Part 135 is the next step. Some other considerations that are not regulatory in nature, but will definitely affect your pocketbook, are insurance, marketing, and an increase in maintenance and wear on your aircraft.
There are some nuances, grey areas, and perceived loopholes in commercial operations, so it would be best to seek counsel on what you are looking to do. This article also doesn’t go into any special provisions for getting paid for flights, what it means to hold out, and the operations allowed by 119.1(e). So there may be instances where you can get paid for flying without all of the furor, especially if you are hired to fly someone else’s airplane and not providing the aircraft yourself.
Whether this article changes your mind or not, get your commercial pilot certificate. It will challenge you to be a better pilot. And who knows, it might come in handy for that day you go work for a commercial operator, or that day you decide to become one.