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Old February 11th 04, 02:18 PM
Gary Drescher
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"John Gaquin" wrote in message
...
Been a while, but maybe.....

1.1 Commercial operator means a person who, for compensation or

hire,
engages in the carriage by aircraft in air commerce of persons or
property, other than as an air carrier or foreign air carrier or under
the authority of Part 375 of this title. Where it is doubtful that an
operation is for ``compensation or hire'', the test applied is whether
the carriage by air is merely incidental to the person's other business
or is, in itself, a major enterprise for profit.


Hm, I'm confused. First of all, this says you have to be engaged in "air
commerce" to be a commercial operator. And 1.1 defines "air commerce" as
"interstate, overseas, or foreign", or mail transport, or navigation on
Federal airways. So if you stay within one state and avoid Federal airways,
then does that mean you're not a commercial operator, according to this
definition?

Secondly, why isn't a corporate pilot who transports company executives a
"commercial operator" by this defintion? (Provided that the pilot travels
between states or on airways, that is.) The definition says nothing about
who provides the plane or whether there's any holding out.

--Gary



91.501(b)

119.21(a)5

119.23(b)






"Gary Drescher" wrote in message
Brian, could you elaborate, please? I just re-read 119.1 and could not

find
any statement restricting freight ops to commercial operators.

Thanks,
Gary