A commercial pilot operates a company airplane on a business trip and receives a salary from the company but is not paid specifically per flight. The pilot occasionally flies company executives to meetings in this aircraft. Under Part 61 and Part 119, is an operating certificate required for these flights?
- AYes, because receiving a salary constitutes compensation requiring Part 121 certification
- BNo, because Part 119 only applies to operations using aircraft with more than 30 passenger seats
- CYes, because any transportation of passengers by a commercial pilot requires a Part 135 certificate
- DNo, because this is private carriage conducted incidental to the company's primary business, not common carriage for compensation to the public
Show answer & explanationAnswer & explanation
Correct answer: D. No, because this is private carriage conducted incidental to the company's primary business, not common carriage for compensation to the public
Corporate flight departments transporting their own employees or executives in company-owned aircraft, incidental to the business and not offered to the general public, are generally considered private carriage conducted under Part 91 and do not require a Part 119 operating certificate. This differs from common carriage, which holds out transportation service to the public for hire and does require certification under Parts 119/135 or 121.
Why the other options are wrong
- A. A salary alone does not automatically trigger Part 121 certification requirements for private carriage.
- B. Part 119 applicability is not based on a 30-seat threshold; it's based on the nature of the operation (common vs. private carriage).
- C. This overstates the requirement; private carriage for one's own business purposes is treated differently from for-hire common carriage.
Private Carriage vs Common Carriage
Private carriage (e.g., corporate flight departments transporting their own employees, not holding out to the public) does not require a Part 119 operating certificate, unlike common carriage for hire to the public.
- Common carriage involves holding out air transportation services to the general public for compensation.
- Private carriage is typically incidental to a company's primary business and not offered publicly.
- Corporate flight departments can operate under Part 91 without a Part 119 certificate if carriage remains private.
Memory trick: "Fly your own crew, private and true — no certificate due."