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AIR CARRIER
OPERATIONS FOURTH EDITION

MARK J. HOLT & PHILLIP J. POYNOR

Assisted by:
Andrea Georgiou, PhD, and Caitlin Lyons

AVIATION SUPPLIES & ACADEMICS, INC.

NEWCASTLE, WASHINGTON
Air Carrier Operations
Fourth Edition
by Mark J. Holt and Phillip J. Poynor
Aviation Supplies & Academics, Inc.
7005 132nd Place SE
Newcastle, Washington 98059
[email protected] | 425-235-1500 | asa2fly.com
© 2022 Mark J. Holt and Phillip J. Poynor
See the ASA website at asa2fly.com/aircr for additional information, updates, and regulatory changes
related to this book.
All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted in any form by any means, electronic, mechanical, photocopy, recording, or otherwise,
without the prior written permission of the copyright holder. While every precaution has been taking in
the preparation of this book, the publisher, Mark J. Holt, and Phillip J. Poynor assume no responsibility
for damages resulting from the use of the information contained herein.
None of the material in this book supersedes any operational documents or procedures issued by the
Federal Aviation Administration, aircraft and avionics manufacturers, flight schools, or the operators of
aircraft.
URLs appearing in this book are active at the time of publication, but site content may have since
changed, moved, or been deleted.
Fourth edition published 2022, third edition published 2020, and second edition published 2016 by
Aviation Supplies & Academics, Inc. First edition published 2002 by Blackwell Publishing.
ASA-AIR-CR4-PD
ISBN 978-1-64425-263-5
Additional formats available:
Print Book ISBN 978-1-64425-260-4
eBook EPUB ISBN 978-1-64425-262-8
eBundle ISBN 978-1-64425-261-1
Front cover photos—Main image: ©iStock.com/southerlycourse. Small images (clockwise from top left):
Angelo Giampiccolo/Shutterstock.com; ©iStock.com/InkkStudios; ©iStock.com/atosan; Pierre-Yves Babelon/
Shutterstock.com; ©iStock.com/richterfoto; ©iStock.com/JazzIRT.
Back cover—Phillip Poynor photo credit: Captain Craig O’Mara, NASA Research Pilot.

Library of Congress Cataloging-in-Publication Data:

Names: Holt, Mark J., author. | Poynor, Phillip J., author.
Title: Air carrier operations / Mark J. Holt & Phillip J. Poynor.
Description: Fourth edition. | Newcastle, Washington : Aviation Supplies & Academics, Inc., [2022] | Includes
bibliographical references and index.
Identifiers: LCCN 2022025314 (print) | LCCN 2022025315 (ebook) | ISBN 9781644252604 (trade paperback) |
ISBN 9781644252628 (epub) | ISBN 9781644252635 (pdf) | ISBN 9781644252611
Subjects: LCSH: Aeronautics, Commercial. | Airlines--Management. | Aeronautics, Commercial—Law and
legislation—United States.
Classification: LCC TL552 .H65 2022 (print) | LCC TL552 (ebook) | DDC 387.7068—dc23/eng/20220812
LC record available at https://lccn.loc.gov/2022025314
LC ebook record available at https://lccn.loc.gov/2022025315
 CONTENTS

Preface to the Fourth Edition vi

Acknowledgments ix

About the Authors x

Abbreviations xi

Introduction 1
1 What Is an Air Carrier? 7
2 Operations Specifications: Development and Application 21
3 Airline Organization: Required Management Positions 39
4 Operating Manuals: Requirements and Development 51
5 Part 121, Subpart M: Airman and Crewmember Requirements 63
6 Part 121, Subpart N: Training Programs and Part 121, Subpart O: Crewmember
Qualifications 81
7 Air Carrier Flight and Duty Time Limitations 95
8 Airplanes Used in Part 121 Operations 133
9 Airworthiness Requirements 155
10 Instrument and Equipment Requirements 169
11 Dispatching and Flight Release Rules 189
12 Part 121, Subpart T: Flight Operations 215
13 Part 121, Subpart V: Records and Reports and Part 135, Subpart B: Recordkeeping
Requirements 241
14 Maintenance 257
15 Selected Part 121 Appendices and Part 120 269

Appendix: Answers to Chapter Exams 287

Glossary of Terms 307
Bibliography 337
Index 339
 PREFACE TO THE FOURTH EDITION
I confess that in 1901, I said to my brother Orville that man would not fly for fifty years.
—Wilbur Wright, 1908

What’s New in the Fourth Edition? pilot or dispatcher candidates and aviation managers. At
This fourth edition of Air Carrier Operations includes an this juncture in their career development, they have been
overall update and necessary revisions to address FAA exposed to very little of the restrictive regulations that make
regulatory changes made since the publication of the up modern airline operations. Whether Part 121 airline or
third edition. Specifically, new sections cover the Pilot Part 135 charter operator, these companies live or die
Records Improvement Act and the FAA’s creation of a by their compliance with the applicable Federal Aviation
new 14 CFR Part 111 Pilot Records Database. This edi- Regulations, or FARs (14 CFR). Surprisingly, aviation
tion also includes a discussion on the recent allowance students are largely unexposed to the layers of regula-
for a single-engine type rating and offers a review of type tions in a Part 61 flight-training program or, at best,
ratings, class, and category definitions. With updates minimally exposed to them in a Part 141 pilot school.
throughout the book and the addition of new material, The purpose of this book, therefore, is to examine
this text continues to provide students and professionals the multitude of regulations governing an air carrier.
with the essential information pertinent to today’s air It will focus primarily on Part 121 air carriers, though
carrier operations. Now, let’s take a look at how to get we necessarily discuss portions of Parts 25, 110, 117,
the most out of the fourth edition of this textbook. 119 and relevant portions of Parts 135, 91, and 61 of
the FARs. We approach this discussion assuming that
the student has some background in piloting or mainte-
Getting the Most Out of This Text nance and has been exposed to introductory courses in
Air Carrier Operations is an entry-level text that introduc- aviation. These introductory courses are often found in
es the student to the significant regulatory environment the freshman or sophomore year and have titles such as
impacting airline operations. Although it is primarily General Aeronautics or Introduction to Aviation and are
intended for use in an air carrier flight operations course, often conducted as a private pilot ground school. Due
it can be easily adapted for use in a flight dispatcher to the nature of air carrier operations, a large portion of
course, as part of a general air carrier operations man- this text focuses on instrument flight rules (IFR) flight
agement course, or in independent study by an aviation operations. Consequently, we recommend that flight
manager seeking a better understanding of air carrier students complete the instrument rating before under-
operations. This book is intended primarily for use in uni- taking study of this book.
versity-level courses and for independent study by airline

iv
 PREFACE v

We do not attempt to explain every regulation in candidate. Whether the pilot is going for an employment
all of its nuances. Rather, we try to paint a mosaic that interview or starting an initial training class with a 121
explains as much the why as it does the what, leaving the carrier, this book can provide a quick study so the pilot
student with a clear understanding of why some of the will be better prepared. In recent times due to changes
complex rules are as they are. For this reason, we don’t in the hiring process, pilots are going to the airlines with
quote excessively from the regulations. Where actual a minimum of 750 to 1,500 flight hours but relatively
regulation text is provided in the book, it is called out little to no experience in operations other than flight
in a different font style for easy identification (with any instruction (or military piloting background). Yet at the
paraphrased text placed in brackets and italicized). We same time, design of the initial training programs more
do try to give the appropriate reference so the student or less still assume that pilots have been exposed to this
may read it on his or her own, and it is essential that the material somewhere. Increasingly, that is not true. Pilots
student do this as part of the study of this book. There- that have not gone through collegiate training programs
fore, the student should acquire a copy of the current (e.g., many military pilots or civilian flight school trained
FARs that includes at a minimum 14 CFR Parts 1, 61, pilots) have probably never seen most of the material in
91, 110, 117, 119, 121, and 135. These are available from this book. This book can enable the pilot to get a head
ASA, online at faa.gov, and in various forms from other start on the interview process or initial training class.
aviation publishers, including in a subscription format. Such pilots should pay particular attention to Chapters
When we reference a regulation in the text, it is 2, 8, 9, 10, 11, and 12 as these chapters are most directly
important that students reference a copy of the regula- related to the operational issues likely to be asked about
tions and read the text of that rule at the same time in an interview or addressed in the indoctrination and
the explanation is read. That way, they get not only the initial training programs.
“big picture” from our text but also the detail and word- As pilots, we understand the angst that you may
ing from the actual regulation. If there is ever a conflict be feeling about your aviation future as a result of the
between our statement of the rule and the actual rule, 2020 COVID-19 pandemic and the awful conditions
obviously the rule governs. In addition to learning about that created in the aviation field (and many, many other
that particular rule, students will also develop the skills segments of society and industry). That may create a
needed to properly read and interpret the FARs. This considerable sense of indecision and doubt as to whether
is a skill that will surely be needed as students progress pursuing an aviation career is still a good idea. If you do
further along in their professional careers. have doubts about whether continuing toward an avia-
This book is designed to assist students in their first tion career is wise, we thought it might be helpful to give
serious foray into the FARs by explaining what some- you some encouragement and things to consider.
thing means and why it is done, and then allowing stu- The aviation industry is one of the most regulated
dents to get the full meaning of the rule by reading it industries in the world. It is also one of the most chal-
on their own. At the conclusion of the book, students lenging, but also rewarding, fields in which a person
will have been exposed to the entirety of 14 CFR Part can engage. It seems that every time we think we have it
121 and collateral parts of the FARs. We don’t expect all down pat, some major event happens that forces the
an expert level of understanding after one pass through industry and its employees to, yet again, adapt to unfa-
this text. It is reasonable to expect at the conclusion of miliar circumstances. Now, as Air Carrier Operations
this book that students should have an appreciation of goes to press, is such a time. Flight operations carry on
the variety of regulatory issues involved in air carrier under very challenging conditions while managers and
operations and be able to identify the appropriate and planners address the challenges of recovery.
applicable regulations pertaining to them. The students Under difficult circumstance, people begin to pick
should then be able to read the regulations and apply up the pieces, start recovering, and then begin to strive
them with an understanding of what is required. With to achieve even greater heights. The days start to bright-
this in mind, it is suggested that any testing in a course en. Through creativity and hard work, commerce begins
based on this text be open book with respect to use of to recover. Slowly, things start to grow again. Creativity
the Federal Aviation Regulations. has time to blossom and, as always, the doers will rise to
We intend this book to be useful as a review or the challenges of their profession. This process is found
introduction of Part 121 regulations to the airline pilot in virtually all fields of endeavor. It’s not always easy, but
vi PREFACE

for the young person just embarking on a career in avia- Organization of the Text
tion, it will be a seminal moment in time. In organizing this text, we decided, for ease of correla-
As a little background, I (Poynor) was the owner of a tion to the FARs, to follow the general layout of the sub-
large flight training and charter company in New York parts to 14 CFR Part 121. Within the subparts, we inten-
and watched in utter horror as the towers fell on 9/11 tionally do not attempt to present the rules in numerical
about 30 miles distant. In a matter of minutes, the air- order. In some cases that might make sense, but in many
port was shut, not to reopen for about two months and others the flow of the material in the FARs is confusing
then much restricted as to use for the training fleet of and misleading. We have tried to reorganize the material
airplanes—the great majority of our business. It seemed so that related rules are discussed at the same time. We
like my aviation career was pretty much ended. But, in want the reader to be able to put the disjointed pieces
reality, it opened a whole different world of aviation to together and grasp the interrelationships that so often
me. Now, after nearly 50 years in the industry, I have exist in the FARs. For this reason, each chapter pretty
had aviation adventures of all kinds, taught aviation in much stands on its own. If you are especially interested
colleges and to individuals, bought and sold airplanes, in a particular area (operational rules, for example), you
and, yes, flown them for training and charter. can go directly to Chapter 12, which covers Subpart T,
The point? If you have read this far, you very obvi- Operations. Again, for the most part, you can start your
ously still desire a career in aviation—as a pilot, a dis- journey through this book at any point and end it at any
patcher, an aviation entrepreneur or something of your point and still get the full value of the effort expended.
own making. With the 2020 pandemic damaging the At the end of each chapter you will find a brief sum-
world economy and all the rest, you may be feeling, like mary and list of important terms. The summary gives
I did, that there is no hope for an aviation career. Here a condensed view of the chapter and helps you identify
is advice from an “old timer”: if aviation was the career important ideas. The list of important terms is orga-
you dreamed of before recent events, follow your heart nized in alphabetical order and will help in the review
and dreams. Things really do tend to smooth out and of the material to facilitate study for the end-of-chapter
improve over time. What you thought you would be exam questions.
doing in aviation might be how you spend your time, If an unfamiliar term is used in the text, check the
but, remember, things you haven’t even dreamt of might glossary. We have included a greatly expanded and
be hiding in your future as well. extensive glossary of new terms that are introduced in
As for those of you reading this text as a college stu- the book. If you don’t find the term in our glossary,
dent, let me give you a tremendous insight I got from another place you can try is the FAA Pilot/Controller
a sophomore student in New York after 9/11. He came Glossary found in the Aeronautical Information Manu-
by my office for discussion and guidance about where al (AIM), which is widely available from ASA as well
things were going to go and if he had a career. After tell- as online at faa.gov. Finally, a symbol that may not be
ing him something like what I shared above, he thought familiar to some readers is the “§” symbol. This is used
a few seconds and came up with a truly inspirational in legislation and legal documents as an abbreviation for
thought: the word “section.”
I was worried about 9/11 keeping me from get-
ting a job, but then I realized: I’m not ready for
a job. I still have two years of school and then
finishing flight training. This actually gives me an
advantage because I can study now and then be
qualified when hiring returns.

That was exactly how it played out.

 ACKNOWLEDGMENTS

The authors would like to thank, first and foremost, the Others who contributed inspirational and moral sup-
aviation professionals who were kind enough to assist us port include Becky Holt and a number of undergraduate
in our efforts through the years since publication of the students and faculty through the years who have used
first edition of Air Carrier Operations in 2002. the previous editions of the book and offered their feed-
Greg N. Brown, aviation author, photographer, and back on the contents.
always cheerful and supportive friend provided the cat- Once again, our special thanks to Dave English for
alyst by connecting Mark Holt and Phillip Poynor to allowing us the use of the snippets that begin each chap-
start the ball rolling on the original project and offered ter. These come from his wonderfully whimsical books
his design and graphic arts expertise in the production of great quotations of flight, Slipping the Surly Bonds and
of a number of the figures in the text. Rusty Bell, an The Air Up There. These quotations truly help lighten and
industry expert and consultant on airline operations and enliven what can otherwise be a pretty mind-numbing
control was there from the beginning as we went about subject, and Dave’s books and materials are real trea-
creating this text. sures. We encourage you to check out all of his aviation
We would especially like to thank Captain “Billy” publications at www.DaveEnglish.com.
Walker and Captain Al Spain, both retired from JetBlue Finally, thanks to Jackie Spanitz and the great staff at
Airways, and Captain Athena Pettit, now retired from ASA in working closely with us, prodding when needed,
American Airlines, who contributed their expertise in so and always encouraging. Our special thank you for a job
many areas. We especially thank Captain Dave Young of well done goes to our editors.
Delta Airlines for allowing us access and use of company Each of these kind folks contributed their valuable
flight, maintenance, and operations specifications man- time, knowledge, support, and encouragement of our
uals. As always, any errors contained herein are entirely goal to produce the best and most appropriate materials
the responsibility of the authors. for pilots striving to learn and achieve at the top rung on
the commercial aviation ladder—employment as a pilot
at a major air carrier.

vii
 ABOUT THE AUTHORS

Mark J. Holt, a captain for a major airline, soloed at age Phillip J. Poynor, JD, is the FAA/Industry 2001 National
sixteen and has logged over 22,000 hours in more than Flight Instructor of the Year. He also was awarded the
40 years of flying. He holds an ATP pilot certificate National Air Transportation Association Excellence in
with Boeing 757/767, Airbus 319/320/321, and BAE Jet- Pilot Training Award and the New York State University
stream 41 type ratings, as well as a Flight Engineer Tur- Chancellor’s Award for Excellence in Teaching. He has
bojet certificate (L1011 aircraft). His professional avia- been captain qualified on Part 135 air carriers and taught
tion career includes extensive flight and ground school courses in Air Carrier Operations, Advanced Systems,
instruction experience and service as a check airman for and Aviation Safety at three major aviation universities.
a large regional airline. He also co-authored The Turbine He is an attorney with practice limited to aviation matters
Pilot’s Flight Manual. and was a staff attorney at a major international airline.

The authors appreciate and gratefully acknowledge the

editorial assistance and contributions to this edition
provided by:

Andrea Georgiou, PhD (General Psychology), is an

associate professor and coordinator of the Flight Dis-
patch Program at Middle Tennessee State University.
She holds an FAA Aircraft Dispatcher Certificate.

Caitlin Lyons is an Aircraft Dispatcher at a major air-

line and works in its training department. Caitlin holds
Private Pilot Single Engine Land and Sea certificates
with an instrument rating.

viii
 ABBREVIATIONS

AC Advisory Circular CAMP continuous airworthiness maintenance

ACARS Aircraft Communications Addressing program
and Reporting System CAP continuous analysis process
ACS Airman Certification Standards CASE Coordinating Agencies for Suppliers
AD Airworthiness Directive Evaluation
ADF automatic direction finder CASS Cockpit Access Security System or
ADI attitude director indicator CASS continuing analysis and surveillance
ADS-B Automatic Dependent system
Surveillance–Broadcast CAST Commercial Aviation Safety Team
AFGS automatic flight guidance system CDFTRS Crewmember Duty and Flight Time
AFM airplane flight manual Record System
ALD available landing distance CDL configuration deviation list
AMOC alternative method of compliance CFM company flight manual
AOA angle of attack CFR Code of Federal Regulations
APU auxiliary power unit CL centerline lights
AQP Advanced Qualification Program CMP Configuration Maintenance and
ARC Aviation Rulemaking Committee Procedures Document
ARINC Aeronautical Radio, Incorporated CRM crew resource management
ARTS Aircrew Records Tracking System CTP Certification Training Program
ASDA accelerate/stop distance available CVR cockpit voice recorder
ASR airport standby reserve (flight crew) DA/DH decision altitude/decision height
ATC air traffic control DFDR digital flight data recorder
ATD aviation training device DHS Department of Homeland Security
ATIS Airport Terminal Information Service DME distance measuring equipment
ATP Airline Transport Pilot DMI deferred maintenance item
ATP-CTP Airline Transport Pilot–Certification DO director of operations
Training Program DOT Department of Transportation
AURTA Airplane Upset Recovery Training Aid DRM dispatcher resource management
CAA Civil Aviation Authority EAD Emergency Airworthiness Directive
CAB Civil Aeronautics Board EAP employee assistance program
EFB electronic flight bag

ix
x ABBREVIATIONS

ETA estimated time of arrival LCR long call reserve (flight crew)
ETOPS Extended Twin Engine Operation LDA localizer directional aid
FAA Federal Aviation Administration LOA letter of authorization
FCC Federal Communications Commission LOC/BC localizer back course
FCM flight crew member LOC-I loss of control in-flight
FCOM flight crew operations manual LOFT line oriented flight training
FDAR flight deck access restriction program LRCS long-range communication system
FDM flight data monitoring LRNS long-range navigation system
FDP flight duty period MDA minimum descent altitude
FDR flight data recorder MDR master differences requirements
FFS full flight simulator MEA GAP gap or break in navigation signals at the
FIS-B Flight Information Service–Broadcast minimum enroute altitude
FL flight level MEL minimum equipment list
FMC(S) flight management computer (system) MIS maintenance irregularity summary report
FMS flight management system MLS microwave landing system
FOM flight operations manual MMEL master minimum equipment list
FOQA flight operational quality assurance MNPS Minimum Navigation Performance
FP flying pilot Standards
FRMS fatigue risk management system MRO maintenance repair organization
FSB Flight Standardization Board MRO medical review officer
FSDO(s) Flight Standards District Office(s) MRR maintenance reliability report
FSTD flight simulation training device MSL mean sea level
FTD flight training device MTOW maximum takeoff weight
GLS GPS-based landing system NAMNPS North Atlantic Minimum Navigation
GMM general maintenance manual Performance Standards
GMT Greenwich Mean Time NAVAIDS navigation aids
GOM general operations manual NDB nondirectional beacon
GPS Global Positioning System NFP non-flying pilot
GPWS ground proximity warning system NOTAMs Notices to Air Missions
GSC ground security coordinator NPRM notice of proposed rulemaking
HAA height above airport NTSB National Transportation Safety Board
HAT height above terrain NWS U.S. National Weather Service
HAZMAT hazardous materials training OEI one engine inoperative
HGS heads-up guidance system OEM original equipment manufacturer
HIRL high intensity runway lights OMB Office of Management and Budget
IAS indicated airspeed OSHA Occupational Safety and Health
ICAO International Civil Aviation Organization Administration
ICATEE International Committee for Aviation PA public address system
Training in Extended Envelopes PANS-OPS Procedures for Air Navigation
IFR instrument flight rules Services—Aircraft Operations
IFSD in-flight shutdown PAR PRD Airman Record
ILS instrument landing system PBE protective breathing equipment
IMC instrument meteorological conditions PED personal electronic device
INFO Information for Operators PF pilot flying
INS inertial navigation system PIC pilot-in-command
IOS instructor operating station PM pilot monitoring
JAA Joint Aviation Authorities PMI principal maintenance inspector
LAHSO land and hold short operations POI principal operations inspector
 ABBREVIATIONS xi

PRD pilot records database SVT single visit training

PRIA Pilot Records Improvement Act TAF terminal area forecast
PTS Practical Test Standards TAs traffic alerts
RAs resolution advisories TAWS terrain awareness and warning system
RAP reserve availability periods TC type certificate
R-ATP restricted privileges Airline TCAS traffic alert and collision avoidance
Transport Pilot system
RCLM runway centerline markings TERPS Terminal Instrument Procedures
RNAV area navigation TIS-B Traffic Information Service–Broadcast
RNP required navigation performance TOCWS takeoff configuration warning system
RP responsible person TODA takeoff distance available
RTO rejected takeoff TSA Transportation Security Administration
RVR runway visual range U.S.C. United States Code
RVV runway visibility value ULR ultra long-range operation
SAFO Safety Alert for Operators UTC Universal Coordinated Time
SATCOM satellite communications system VFR visual flight rules
SCR short call reserve (flight crew) VNAV vertical navigation equipment
SD security directive VOR VHF omnirange
SDF simplified directional facility VOR/DME VHF omnidirectional range/distance
SIC second in command measuring equipment
SIGMET significant meteorological information VORTAC VHR omnirange radio/tactical air
SM statute mile navigation
SMS safety management system WAT weight-altitude-temperature
SNPRM supplemental notice of proposed WOCL window of circadian low
rulemaking
 INTRODUCTION
Airplane travel is nature’s way of making you look like your passport photo.
—Vice President Albert Gore

Before we begin our study of air carriers and their gov- a postal airmail service across the continental United
erning operations specifications, we need to review the States. By the mid-1920s, the U.S. Post Office had a
history of the agency that has the authority to regulate fleet of airplanes flying millions of letters annually. This
and oversee all aspects of American civil aviation. postal flying proved the economic feasibility of airmail.
The U.S. Congress then decided to transfer the delivery
The Federal Aviation Administration (FAA) of airmail to the private sector.

The Contract Air Mail Act of 1925

Historical Origin
The Contract Air Mail Act of 1925 was the first step
The modern age of powered flight began in 1903, when towards the development of an air carrier industry by
Orville Wright made the first sustained, powered flight allowing the postmaster to contract with private airlines
on December 17 in an airplane he and his brother, Wil- to deliver mail. The initial airmail contracts went to
bur, built. The next few decades witnessed a flurry of small companies that would grow and go on to pioneer
aviation activity as a number of new and improved air- developments in the air carrier industry for decades to
craft designs from around the world entered service. come. Also in 1925, a presidential board was created to
During World War I, aircraft production increased recommend a national aviation policy. The board rec-
dramatically to meet the increased demand for airplanes ommended that the government establish a regulatory
from military air forces on both sides of the conflict. authority to set federal safety standards for civil aviation.
Most significant was the development of more power- The need for such an authority had been recognized for
ful motors, enabling aircraft to reach speeds more than years; however, the numerous bills introduced to the
twice the speed of pre-war aircraft. More power made it United States Congress attempting to create one were
possible to build ever larger aircraft. unsuccessful. The air carrier industry activity that began
Though the airplane proved its worth as a military because of the Air Mail Act was minimal, yet this activi-
weapon during World War I, attempts to turn the air- ty, along with requests from industry for federal aviation
plane into a successful commercial endeavor ended in safety regulations, prompted legislative proposals for an
failure. The single exception was the delivery of mail by Air Commerce Act.
air—airmail. The U.S. government pushed to establish

1
2 AIR CARRIER OPERATIONS

The Air Commerce Act of 1926 The Civil Aeronautics Act of 1938
The Air Commerce Act of 1926 charged the Secretary In 1938, as a result of a nationally recognized need
of the Department of Commerce with the responsibil- to improve the disastrous air safety record of the air-
ity of fostering air commerce, issuing and enforcing air line industry, the Civil Aeronautics Act of 1938 was
traffic rules, certifying pilots and aircraft, and operating enacted. This Act transferred the federal civil aviation
and maintaining air navigation aids. The Act became responsibilities from the Department of Commerce to
the cornerstone of the federal government’s regula- a newly formed Civil Aeronautics Authority (CAA).
tory authority over civil aviation by establishing a new The CAA was given the additional authority to issue air
Aeronautics Branch of the Department of Commerce. carrier route certificates and to regulate airline fares. In
This Aeronautics Branch concentrated on functions 1940, President Roosevelt signed a law that divided the
such as safety rulemaking and the certification of pilots CAA into the Civil Aeronautics Board (CAB) and the
and aircraft. Civil Aeronautics Administration (CAA).
The CAB was given the authority and responsibil-
Bureau of Air Commerce, 1934 ity for economic and safety regulation and for accident
Over the next decade, air travel developed from what investigations. The CAA was given the responsibility
could be considered a risky endeavor into a crucial mode for air traffic control, airman and aircraft certification,
of transportation for people and products. In 1934, the safety enforcement, and airway development.
Aeronautics Branch was renamed the Bureau of Air
Commerce. As commercial flying increased, the Bureau The Federal Aviation Act of 1958
requested that a group of airlines establish the first air After World War II, the success and rapid growth of air
traffic control centers in the United States. In 1936, it commerce, aviation technology, and the increasing pub-
was decided that the Bureau of Air Commerce should lic demand for air services caused the aviation industry
take over responsibility for controlling en route air traf- to become more complex than the antiquated CAA was
fic, and it began to expand the air traffic control (ATC) able to handle. In addition, with the introduction of jet
system which became its most demanding civil aviation airliners into service and several horrific midair collisions
responsibility. in 1956 and 1957, the public became concerned about
aviation safety issues. For this reason and to address the
The Federal Register Act of 1935 lack of aviation infrastructure funding, Congress enact-
In 1934, the Supreme Court agreed to hear a case (unre- ed the Federal Aviation Act of 1958.
lated to aviation), in which the federal government was The Act transformed the CAA into an independent
trying to enforce an agency regulation against an indus- agency and renamed it the Federal Aviation Agency
trial company. The government later realized that there (FAA). The FAA was given both the CAA responsibili-
had been a technical, though inadvertent, revocation ties of developing and maintaining a federal system of
of the very regulation in question. Needless to say, the air navigation and air traffic control, and the safety and
government was very embarrassed by this, and on July rulemaking functions of the CAB.
26, 1935, Congress passed the Federal Register Act of
1935, requiring all federal regulations to be compiled The Modern Federal Aviation
and published in the Federal Register. Administration (FAA)
This Act was further amended in 1937 to provide for In 1966, Congress passed legislation authorizing the cre-
the codification of regulations instead of simply com- ation of a cabinet-level department that would combine
piling and publishing them. A codification board was all the major federal transportation responsibilities. It
established, and it decided the overall structure of the was also believed that the nation’s transportation sys-
new Code of Federal Regulations (CFR), and assigned tems could be managed better by a single department.
the various agencies their own titles. The Federal Avia- This new Department of Transportation (DOT) offi-
tion Regulations (FARs), as we know them today, are cially began operations on April 1, 1967. As part of the
now part of Title 14 of the Code of Federal Regula- new DOT organizational structure, the Federal Avia-
tions: Aeronautics and Space. The Federal Register tion Agency was given a new name, the Federal Avia-
Act established that all federal regulations be codified tion Administration. As part of the reorganization
into a Code of Federal Regulations. of the FAA, a new, independent accident investigation
 INTRODUCTION 3

authority was created: the National Transportation minimum standards of manufacturing, operating and
Safety Board (NTSB). The NTSB became the feder- maintaining aircraft. The FAA also certifies airmen and
al government’s primary accident investigation agency the airports that serve air carriers.
for not just aviation, but all methods of transportation: So far, we’ve familiarized ourselves with the history
highway, rail, marine and pipeline. of the agency that has the authority to regulate and over-
On July 5, 1994, the Federal Aviation Act, along see all aspects of civil aviation the United States. Now
with many other transportation-related regulations, was let’s review a list of FARs that are directly or indirectly
recodified into the format we use today. On that date, related to the governing of air carriers. The following list
the Federal Aviation Act was rescinded and recodified is made up of those parts you will most likely encounter
into Title 49 of United States Code (49 U.S.C.). Title during the course of your aviation career.
49 of the USC is the code that governs the role of all
modes of transportation in the United States. Title 14 of the Code of Federal Regulations
In this text we will spend most of our time with what (CFR) Related to Air Carriers
we informally call the Federal Aviation Regulations (or
FARs), regulations which govern today’s aircraft and Part 1: Definitions and Abbreviations
air carriers. However it is worth noting that Title 49 of
Part 1 is a glossary of definitions and abbreviations of
USC, Section 40101, describes seven basic responsibili-
terms used in the Federal Aviation Regulations. Additional
ties of the FAA, which are summarized below.
definitions may be found in the text of specific regulations.
1. Assigning, maintaining, and enhancing safety
and security as the highest priorities in air Part 21: Certification Procedures for
commerce. Products and Parts
2. Regulation of air commerce to best promote its Part 21 lists the requirements of and the procedures for
development and safety and to fulfill national obtaining type certificates, supplemental type certifi-
defense requirements. cates, airworthiness certificates, and import and export
3. Promotion, encouragement, and development of approvals.
civil aeronautics.
4. Control of the use of navigable United States Part 23: Airworthiness Standards for
airspace and the regulation of both civil and Normal, Utility, Acrobatic, and Commuter
military operations in that airspace in the Category Airplanes
interest of the safety and efficiency. Part 23 specifies the airworthiness standards for the issue
5. Consolidation of air navigation facility research of type certificates, and changes to those certificates, for
and development, as well as the installation and airplanes in the normal, utility, acrobatic, and commuter
operation of those facilities. categories. The normal, utility, and acrobatic categories
6. Development and operation of a common are limited to airplanes that have a seating configuration
air traffic control and navigation system for (excluding pilot seats) of nine or less and a maximum
military and civil aircraft. certificated takeoff weight of 12,500 pounds or less. The
7. Providing assistance to law enforcement commuter category is limited to multi-engine airplanes
agencies in the enforcement of laws related that have a seating configuration (excluding pilot seats)
to regulation of controlled substances, to the of 19 or less and a maximum certificated takeoff weight
extent consistent with aviation safety. of 19,000 pounds or less. The main difference between
(49 U.S.C. §40101[d]: Policy) these categories is the types of flying maneuvers they are
allowed to perform. Section 23.3 lists the maneuvers and
Since the Air Commerce Act of 1926, we have seen limits each category is legal to perform.
an incredible improvement in the design and capabili-
ties of aircraft. At the same time, we have also seen the Part 25: Airworthiness Standards for
steady evolution of the regulatory structure that sup- Transport Category Airplanes
ports them. Today the Federal Aviation Administration The airworthiness standards for transport category air-
is empowered by the U.S. Congress to promote aviation craft are found in Part 25. This part contains the stan-
safety, and issue and enforce regulations dictating the dards for issuing of type certificates, and changes to those
4 AIR CARRIER OPERATIONS

certificates, for transport category airplanes. Transport Part 67: Medical Standards and
category airplanes are airplanes for which a type certifi- Certification
cate is applied for under Part 21 (Certification Procedures Part 67 establishes the medical standards and certifica-
for Products and Parts) in the transport category and that tion procedures for issuing medical certificates for air-
meet the transport category airworthiness requirements. men and for remaining eligible for a medical certificate.
Multi-engine airplanes with more than 19 seats or a max-
imum takeoff weight greater than 19,000 pounds must Part 91: General Operating and Flight Rules
be certificated in the transport category. Part 91 is broad in scope and provides general guidance
in the areas of general flight rules, visual flight rules
Part 39: Airworthiness Directives (VFR), instrument flight rules (IFR), aircraft mainte-
Despite the best efforts of manufacturers’ product design nance, and preventive maintenance and alterations.
and certification testing, unanticipated failures can and
do occur. When this happens the FAA issues airwor- Part 110: General Requirements (for Air
thiness directives (ADs), which are legally enforceable Carrier and Related Operations)
regulations to correct an unsafe condition in an aircraft, Part 110 provides definitions applicable to various types
engine, propeller, part, or appliance. An airworthiness of air carrier operations and other kinds of commercial
directive contains measures which become effective and operations. Many of the regulatory terms we mention in
must be accomplished within certain periods of time this text can be found in Part 110.
to preserve the aircraft’s airworthiness and restore an
acceptable level of safety. An emergency airworthiness Part 111: Pilot Records Database
directive (EAD) is an airworthiness directive issued Part 111 prescribes regulations for the use of an elec-
when an unsafe condition exists that requires immediate tronic Pilot Records Database (PRD). This part con-
action by an aircraft owner or operator. EADs become tains the statutory requirements to facilitate the creation
effective upon receipt of notification. and sharing of pilot records among air carriers and other
operators in an electronic data system managed by the
Part 43: Maintenance, Preventive FAA.
Maintenance, Rebuilding, and Alteration
This part provides the standard for maintaining the Part 117: Flight and Duty Limitations and
hundreds of thousands of civilian aircraft registered in Rest Requirements for Flightcrew Members
the United States. This part covers the flight and duty limitations and rest
requirements for all flight crewmembers and certificate
Part 61: Certification of Pilots, Flight holders conducting passenger operations under Part 121
Instructors, and Ground Instructors of this chapter.
Part 61 pertains to the certification of pilots, flight Part 117 also applies to all operations directed by Part
instructors, and ground instructors. 14 CFR Part 61 121 certificate holders under Part 91, other than subpart
prescribes the eligibility, aeronautical knowledge, flight K (Fractional Ownership Operations), of this chapter if
proficiency, and training and testing requirements for any segment is conducted as a domestic passenger, flag
each type of pilot certificate issued. passenger, or supplemental passenger operation.
Part 65: Certification of Airmen Other Than Part 119: Certification of Air Carriers and
Flight Crewmembers Commercial Operators
This part prescribes the requirements for issuing the fol- Part 119 applies to each person operating or intend-
lowing certificates and associated ratings and the general ing to operate a civil aircraft as an air carrier or com-
operating rules for the holders of those certificates and mercial operator in air commerce. If common carriage
ratings: is not involved, Part 119 applies in operations of U.S.
a. Air traffic control tower operators registered civil airplanes with a seat configuration of 20
b. Aircraft dispatchers or more passengers, or a maximum payload capacity of
c. Mechanics 6,000 pounds or more.
d. Repairmen
e. Parachute riggers
 INTRODUCTION 5

Part 120: Drug and Alcohol Testing configuration of 20 or more passengers or a maximum
Program payload capacity of 6,000 pounds or more when com-
Part 120 applies to air carriers and operators certificated mon carriage is not involved.
under Part 119 of this chapter authorized to conduct
Part 129: Operations: Foreign Air Carriers
operations under Part 121 or Part 135 of this chapter.
and Foreign Operators of U.S.-Registered
This part is also applicable to all contracted air traffic
control facilities and all operators as defined in 14 CFR Aircraft Engaged in Common Carriage
§91.147 (passenger carrying flights for compensation Rules governing the operation within the United States of
or hire). each foreign air carrier holding permits issued by the U.S.
In addition, Part 120 applies to all individuals who Department of Transportation are found in Part 129.
perform, either directly or by contract, a safety-sensitive Part 129 also describes the rules governing operations
function listed in subpart E or subpart F of this part. of U.S.-registered aircraft solely outside of the United
This includes full-time, part-time, temporary, and inter- States and operations of U.S.-registered aircraft operated
mittent employees regardless of the degree of supervi- solely outside the United States in common carriage by a
sion. The safety-sensitive functions are: foreign person or foreign air carrier.

a. Flight crewmember duties Part 135: Operating Requirements of

b. Flight attendant duties Commuter and On Demand Operations
c. Flight instruction duties and Rules Governing Persons On Board
d. Aircraft dispatcher duties Such Aircraft
e. Aircraft maintenance and preventive maintenance Part 135 prescribes the rules governing the commuter
duties or on-demand operations of each person who holds or
f. Ground security coordinator duties is required to hold an air carrier certificate or operating
g. Aviation screening duties certificate under Part 119.
h. Air traffic control duties
i. All Part 145 repair station certificate holders who Part 136: Commercial Air Tours
perform safety-sensitive functions and elect to Part 136 applies to each person operating or intending to
implement a drug and alcohol testing program operate a commercial air tour in an airplane or helicop-
under this part ter and, when applicable, to all occupants of the airplane
j. All contractors who elect to implement a drug or helicopter engaged in a commercial air tour.
and alcohol testing program under this part
Part 141: Pilot Schools
Part 121: Operating Requirements of This part covers the requirements for issuing pilot school
Domestic, Flag, and Supplemental certificates, provisional pilot school certificates, and
Operations associated ratings, and the general operating rules appli-
This part prescribes rules governing the domestic, flag cable to a holder of a certificate or rating issued under
and supplemental operations of each person who holds Part 141.
an air carrier certificate or operating certificate under Part 142: Training Centers
Part 119.
Part 142 lists the requirements governing the certifica-
Part 125: Certification and Operations: tion and operation of training centers. It provides alter-
Airplanes Having a Seating Capacity of 20 native methods to accomplish training required by a
or More Passengers or a Maximum Payload number of other parts of the FARs—especially those
related to large airplanes, airlines, charter operations and
Capacity of 6,000 pounds or More; and
fractional ownership flying.
Rules Governing Persons on Board Such
Aircraft Part 145: Repair Stations
Part 125 prescribes rules governing the operations This part describes how to obtain a repair station certifi-
of U.S.-registered civil airplanes that have a seating cate. It also contains the rules a certificated repair station
6 AIR CARRIER OPERATIONS

must follow related to its performance of maintenance, unlikely that someone would need to know all of these
preventive maintenance, or alterations of an aircraft, air- sections of the FARs for any single job or area of employ-
frame, aircraft engine, propeller, appliance, or compo- ment. Depending upon your interests, some sections may
nent part to which Part 43 applies. It also applies to any well be of more interest than others. Materials included
person who holds, or is required to hold, a repair station in this text were primarily chosen for their applicability
certificate issued under this part. to a commercial airline pilot or dispatcher, or manag-
ers of those employee groups. For further research, we
Part 147: Aviation Maintenance Technician recommend using The Office of the Federal Register’s
Schools online version of the Code of Federal Regulations, the
Part 147 prescribes the requirements for issuing aviation e-CFR, which is normally updated within two days
maintenance technician school certificates and associat- after changes that have been published in the Federal
ed ratings and the general operating rules for the holders Register become effective.
of those certificates and ratings. Next, in Chapter 1, we will answer the question:
What is an air carrier?
Advisory Circulars (ACs)
An advisory circular is a publication offered by the Fed- Important Terms in the Introduction
eral Aviation Administration to provide guidance for advisory circulars (ACs)
compliance with airworthiness regulations. The advi- Air Commerce Act of 1926
sory circular system was developed in 1962 to provide a airworthiness directive (AD)
single, uniform, agency-wide system to deliver advisory Bureau of Air Commerce
material to pilots, mechanics, aviation industry partici- Civil Aeronautics Act of 1938
pants, the aviation community, and the public. While, Civil Aeronautics Administration (CAA)
as we’ve discussed, airworthiness directives are legally Civil Aeronautics Authority (CAA)
enforceable rules, advisory circulars offer instead guid- Civil Aeronautics Board (CAB)
ance on what the FAA considers are best policies and Code of Federal Regulations (CFR)
procedures for aviation operations. Contract Air Mail Act of 1925
The subjects of advisory circulars typically involve Department of Transportation (DOT)
aircraft, airports, flight schools, pilots, operations, or e-CFR
maintenance personnel. The FAA issues advisory circu- emergency airworthiness directive (EAD)
lars for various reasons from offering policy guidelines Federal Aviation Act of 1958
to specific safety precautions (eg. notifying pilots of an Federal Aviation Administration (FAA)
equipment malfunction or a pertinent rule change). Federal Aviation Agency (FAA)
Federal Aviation Regulations (FARs)
Summary Federal Register Act of 1935
National Transportation Safety Board (NTSB)
This completes the list of the specific parts of the FARs Title 14 of the Code of Federal Regulations:
that you will most likely encounter during the course of Aeronautics and Space
your aviation career. This large array of materials can Title 49 of United States Code (49 U.S.C.)
be intimidating at times. However, it would in fact be Title 49 of USC, Section 40101
 CHAPTER 1
WHAT IS AN AIR CARRIER?
You cannot get one nickel for commercial flying.
— Inglis M. Uppercu
Founder of the first American airline to last more than a couple of months

As we begin this study of air carriers we first need to expanded through the centuries to include carrying or
answer the deceptively simple question: What are air transporting both persons and goods. Early in the devel-
carriers? What do they do? How are they different from opment of the concept of carriage, it was discerned that
us flying around in our training airplanes or perhaps there are different types or levels of carriage. If you take
our private aircraft? These are the questions we seek to your computer in your car to be repaired, is that car-
answer in this chapter. We also will introduce the parts riage? If you take your friend’s computer in your car to
of the Federal Aviation Regulations (14 CFR) that apply be repaired, is that carriage? What if you take your friend
to air carriers. These regulations will then form the basis to the computer repair shop to pick up the repaired com-
for study of the rest of the book. puter, is that carriage? More important, is there any legal
difference between these examples?
What Is an Air Carrier?
To understand what is meant by the term “air carrier,” Private vs. Common Carriage
first we must understand what is meant by “term of art.” As British culture developed from a completely agrarian
Then we can understand the phrase “air carrier” as a base to more of a centralized and industrial base, the law
term of art. A term of art is simply a term that has a began to recognize that there were differences in carriage
meaning beyond that understood by the layman. That based on the differences in what was being done. In the
is, it has a special meaning within the context of the law of torts, which is the law of compensating for civil
trade in which it is used. To understand the term “air wrongs, the law developed the concept of duty to care.
carrier” we need to look back at several hundred years of Duty to care is essentially the level of responsibility that
British common law theory and principles to understand a person (or company) has toward others to protect them
the concept of carriage. Black’s Law Dictionary defines from harm. As an example, older common law carved
carriage as out a number of differing levels of duty depending upon
the relationship between the people involved and the cir-
…Transportation of persons either for pleasure or
cumstances surrounding their interaction.
business,…drawn over the ordinary streets and
For example, what responsibility do you have toward
highways of the country.
my car and me if I park it in the lot at your mall? Is
In other words, carriage was the simple act of car- that different from the responsibility you have toward
rying or transporting persons. This concept has been my car and me if I park it in your driveway to attend a

7
8 AIR CARRIER OPERATIONS

party at your house? Further, is that different from the off of the transportation alone for it to be carriage for
responsibility you have to my car and me if I park it in hire. What if I owned a resort in a very remote location
your pay parking lot? Finally, what if I deliver it to your and, as a service to my guests, provided air transportation
employee (say a valet in a restaurant) and he or she parks into and out of the resort? Would that be public carriage
it? Is the responsibility changed? In such situations, for hire or gratuitous public carriage? FAA and NTSB
British (and later American) common law drew distinc- decisions have held that this is public carriage for hire.
tions among these transactions. The law said that in the Again, looking at this example as a continuum, what
first example, you have a gratuitous bailment with little lies further out than the above example of the resort
(but some degree of) duty to care. A bailment is simply operator? What if there was a resort area with many
where you have handed something that you have a right resorts (such as Aspen, Colorado) and you saw an oppor-
to possess over to someone else to hold or keep for you. tunity to make money by starting a bus line (or an air-
A gratuitous bailment is one in which the receiving line) to take anyone who wishes from Denver to Aspen.
party derives no benefit from holding the property. He This willingness to take anyone as a public carrier for
or she is essentially just doing a favor. This concept pro- hire has now moved you the highest level, that of the
ceeds along a continuum until in the last two examples common carrier. Black’s Law Dictionary defines a com-
the law would hold that you have a bailment for hire mon carrier as
and therefore a much higher duty to care. Our common
…those that undertake to carry all persons (or
law heritage is wonderful at drawing arcane distinctions
cargo) indifferently who may apply for passage, so
between very slightly differing sets of facts. In modern
long as there is room and there is no legal excuse
times, many courts have eliminated these distinctively
for refusal.
different standards of care with respect to bailments, but
with respect to carriage the arcane lines of care are still In other words, the common carrier is a person or
deeply drawn in the sand. company who will carry anyone so long as they have
With respect to carriage, the distinction drawn was the money to pay the fare (tariff). General indicators of
first between private carriage and public carriage. Pri- common carriage include
vate carriage is that carriage arranged between two par- • holding out to the public of willingness to
ties—the carrier and the carried (or between some other • perform carriage of all comers (persons or
small number of parties and the carrier). In this case, the goods)
carrier is simply carrying this small number of persons • from place to place
or property, and it may be gratuitous (meaning there is • for compensation or hire.
no compensation exchanged for the carriage) or it may
be for hire (which means money or some other medium of We’ve dwelt at length on the distinctions between
exchange has changed hands). So in the examples above private and common carriage. What difference does it
where you were taking your friend or your friend’s com- make? The difference is in the liability that the law plac-
puter to the repair shop, you have an example of pri- es on the carrier. Private carriage has some liability. For
vate carriage. If you received no money or other tangible example, if you injure someone and it can be proved that
rewards, then you have a gratuitous private carriage. On you were negligent, the injured party may recover dam-
the other hand, if you received money or tangible (or ages against you for injuries that you caused. However,
in some cases even intangible) rewards for the carriage, if someone were injured in your car through no fault of
then you have private carriage for hire. yours, recovery from you in a lawsuit would be quite dif-
Public carriage, on the other hand, implies a willing- ficult to impossible.
ness to deal with many people who have a need to have On the other hand, as a common carrier, your duty
something or someone taken someplace. Although it is to care is much higher. Our common law background
possible some good Samaritan might do this for free, it has held you to a much higher standard of care that
is much more likely that the concept of public carriage approaches that of an insurer. What is an insurer? An
will apply to someone that is engaging in the business of insurer is someone who has responsibility to make sure or
carrying people or things in hopes of making a dollar. secure, to guarantee, to ensure safety to anyone covered
Therefore, we will speak only of public carriage for hire. by that policy. This is done by financial compensation
Note that it is not necessary that the person make money for loss. An insurer is completely responsible financially
 CHAPTER 1: WHAT IS AN AIR CARRIER? 9

for the liability for breeches of safety and security of any- is probably the most common way of doing so. Flyers,
one with whom it has a contract. In analogous fashion, a notices, and newspaper, television, and radio ads cer-
common carrier is nearly totally responsible for the safe- tainly each qualify as a holding out. However, word of
ty and security of the passengers and freight in its care. mouth, promotions and public appearances by the car-
Why is the duty to care so high for a common carrier? rier or its agents stating the willingness of the carrier to
Again, the origins are found in the early British com- carry people or goods are also considered a holding out.
mon law cases. To understand, picture yourself back in
that agrarian British society. Bandits roam the highways Perform the Carriage of All Comers
(highwaymen). Travel is by horse or stagecoach. In that We previously discussed that one of the early definitions
environment, passengers were truly put at the complete of common carrier included a willingness to transport
disposal of the carrier. Other than perhaps packing a anyone. A common carrier is interested in carrying any-
weapon, passengers could not protect themselves from one; a private carrier is interested only in limited car-
the various travails and dangers that might lurk along riage. There are a number of types of private carriers.
the highways in the course of traveling. Each traveler One example is a corporate aircraft operated for only
had to rely on the protection of the carrier and its agents. one corporation. Another example includes operators
The law therefore placed this responsibility squarely on that carry automobile parts from the parts manufactur-
the shoulders of the carrier. This concept has continued ers to the assembly plants. In this case the carrier serves
to modern times and forms the conceptual basis for the only one contract, namely the carmaker operating the
regulation of the public transportation industries. assembly plant.
Our common carriers, be they taxicabs, buses, trains, So, how many contracts may an operator have and
boats, or airplanes, are held to the highest standard of remain in private carriage? There is no hard and fast
care found in tort law. They are virtually insurers of the rule, but in FAA Advisory Circular 120-12A, Private
safety and security of the passengers who entrust their Carriage versus Common Carriage of Persons or Property
lives and property to the carriers every day. In addition (1986), which relates to carriage in large aircraft, the
to the responsibility that the civil law (through the torts FAA has stated that if an operator is operating as many
system) places on the common carrier, the government at as three contracts, it will be held to be private carriage.
its various levels seeks to assure that the common carrier Conversely, the advisory circular says that as few as 18
recognizes and lives up to this extraordinary level of duty to 24 contracts are considered to be common carriage.
to care. This is done through any number of regulations What about four or five contracts? Well, at present, that
under the local, state, and federal regulatory and admin- issue has not been definitively decided, but anyone con-
istrative law systems. For aviation, this takes the form of sidering operating more than three private carriage con-
federal regulation of air carriers by the Federal Aviation tracts is doing so at considerable peril of being held to
Administration, found primarily in Title 14 of the Code the common carriage standards.
of Federal Regulations (CFR) (14 CFR), Parts 1, 61,
63, 65, 91, 110, 117, 119, 121, 135 and 145. From Place to Place
This of course is central to the idea of carriage; that is,
you actually take people or goods someplace other than
FAA Tests for Common Carriage where you started. That’s why sightseeing rides aren’t
(If it looks like a duck and quacks like a duck…) generally viewed as common carriage. In a sightseeing
Earlier in this section we introduced the four tests to flight, no one is carried anyplace.
determine common carriage. These are essentially the tests
the FAA uses in determining if an individual or company For Compensation or Hire
is acting as a common carrier (that is, as an air carrier). Common carriage requires that the person providing
the service be hired to provide the service. If there is no
Holding Out to the Public of Willingness hiring, then it is gratuitous private carriage and does
to Carry not become subjected to regulation as a common car-
To be considered a common carrier, the carrier must rier. However, hiring can have some very unusual con-
hold itself out to the public. That is, it must let the public siderations. The first example: “I’ll pay you a hundred
know that it is available for carriage. Advertising is not bucks to take me to Altoona” clearly includes transporta-
the only way a carrier may hold out to the public, but it tion (carriage) for hire ($100). It’s an “exchange thing.”
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