601XL Builder wrote:
...
If you are starting the aircraft to fly
you are operating the aircraft.

Apparently less then even that. In the Florida state criminal
trial of the drunk airline pilots, they were stopped during the
pushback which they commanded before even starting the engines.
There was expert testimony, by either FAA or expert with prior
FAA exp, that the the mere authorization to push it back was
operating the aircraft for purpose of flight under FAA rules, and
therefore "operate" as one necessary element of the state crime
was there and the jury agreed.

F--