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Old February 11th 04, 12:08 AM
Ron Natalie
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"Peter Duniho" wrote in message ...
"Ron Natalie" wrote in message
. ..
Holding out is common carriage. Any solicitation of business, no matter
how small the market is holding out.

There's an AC 120-12A on the subject.


You should read it. It specifically contradicts your claim that "any
solicitation of business, no matter how small the market is holding out".

In particular, it stipulates that maintaining as few as three contracts has
been held to be private carriage, not common.


I have read it. Now you go back and read carefully what I said.
"Soliciting to a small market" is what I said. Holding out doesn't
have to mean the offer is extended to the general public. I was
commenting on Brien's (the post I was immediately following up)
odd statement that "Since the tire place does not own the aircraft, you would
be 'holding out to others.'" Which we would both agree isn't true.


A point I didn't make, but the AC does, is that going after new contracts
also puts you on the edge of being in common carriage.


Your interpretation sounds a lot like the private pilot restriction against
taking friends flying when they ask you to, but these are completely
different issues.


Not intended to sound anything like it

There remains open the question of whether private carriage is also subject
to 119 and related rules, or if it can be done under Part 91. Some here
have argued that even private carriage needs to be done under Part 135 or
121, but I have yet to see a convincing argument to that effect.


There are certain private carriages (larger aircraft) that must play the part 119
game, but in general no.