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So I’m a commercial pilot now. That means I can be paid to fly. That sounds awesome! Finally, my hobby can start making a little money to make up for all the cash I’ve sunk into it over the last ten years. Maybe I can even turn it into a nice little side gig for extra cash.
Hold your horses there, Chuck.
While it is true that a commercial pilot can be paid to fly, there’s more to it than that. FAR 61.133 spells out the privileges and limitations for commercial pilots. 61.133(a)(1) says that a commercial pilot may act as PIC in an aircraft for compensation or hire. But it also states that the pilot must be “qualified in accordance … with applicable parts of this chapter that apply to the operation.”
Well what does that mean? In simple terms, it means that the pilot must be qualified for the type of flight operation. Every flight you make falls under one of the FARs. Most of us don’t think about that when we take off for a $100 hamburger or go up to practice touch-and-go’s because we haven’t done three landings in the last ninety days. But even those flights are covered by the regulations.
So what regulations cover a $100 hamburger flight anyway? Every pilot knows (or should know) that general aviation flights are covered under Part 91. FAR 91.1 tells us “this part prescribes rules governing the operation of aircraft … within the United States.” Part 91 only allows for compensation or hire in very limited cases. Mostly that is covered in Subparts F and K that don’t apply to a commercial pilot who wants to be paid to fly people in his own airplane.
Okay, but where do the FARs actually say I can’t charge somebody to fly them from my home airport to their business meeting in Chicago? FAR Part 119 covers it. Specifically FAR 119.1 spells out when an operation must be conducted under Part 119. Simply put, it states that Part 119 applies to anyone operating an aircraft as an air carrier or commercial operator. You can find the definitions for direct air carrier and other terms used throughout Part 119 in 119.3. It defines most types of passenger and cargo flights.
Additionally, check out FAR 119.21. In short, it says if you conduct airplane operations as a commercial operator must comply with the certification standards of Part 119 and conduct operations under Part 121 or Part 135 (depending on the operation). Further 119.23 states that even when common carriage is not involved, passenger or cargo operations must be conducted under Part 125 (for larger aircraft) or Part 135. To operate under any of these parts, you have to have an Air Carrier Certificate or Operating Certificate (see FAR 119.5) and an operations specification (FAR 119.7).
Advisory Circular 120-12A (Private Carriage Versus Common Carriage of Persons or Property) helps with interpreting all of this. Most importantly, it states operations that constitute common carriage must be conducted under Part 121 or 135. To help understand that, the AC defines “common carriage,” “holding out,” and “private carriage.” It also points out that even private operations that generate revenue most likely require certification as an air carrier. The AC goes into some detail on common carriage and holding out. Of special note is that holding out doesn’t require advertising or a sign. Even flights that don’t charge the passengers may be considered common carriage.
Another thing to be aware of is that “compensation” doesn’t necessarily mean money. The FAA has ruled in the past that just earning flight time is enough to be considered compensation. So if you and a group of your friends go for a $100 hamburger and they pay all of the rental fees, you are being compensated. Per FAR 61.113(c), you may not pay less than your pro rata share of the operating expenses of the flight.
But wait. 61.113 is for Private Pilots. I’m a commercial pilot.
Doesn’t matter. The FAA has ruled that if you aren’t equally sharing in the expenses, you’re conducting a commercial operation and the appropriate FARs for commercial operations apply. Always pay your equal share.
There are some exceptions to all of this. Back to FAR 119.1. Subsection (e) states that Part 119 doesn’t apply to certain operations. Some of those are:
- Student instruction
- Sightseeing flights conducted within a 25 mile radius of the airport
- Ferry or training flights
- Crop dusting, seeding, spraying, and bird chasing
- Banner towing
- Aerial photography or survey
- Fire fighting
- Powerline or pipeline patrol
- Parachute jumping
However, some of these operations require you to comply other FARs, so do your homework before taking people up to jump out of your plane.
There is another exception: flying someone else in their own plane. As a commercial pilot, I can be paid to fly someone else’s plane. Typically this is a business that purchases a plane and hires pilots to fly their owners and employees to business meetings. It can also mean a private individual with their own aircraft who hires you to fly him or her on business trips or even vacations. As long as the owner of the aircraft isn’t charging anyone for the flight, it generally falls under Part 91, and therefore you can be paid to fly for them.
So if I can’t charge people to fly them places, what good is my Commercial Pilot certificate? How can I be paid to fly? The short answer is that a certificate allows you to fly for a company that is authorized to charge for flying. That company, of course, must comply with the certification requirements of Part 119. In turn, you must qualify to fly under Part 121 or Part 135 and the company’s operations specification.
Or become a flight instructor.
Note that this article should not be considered legal advice. I’m not a lawyer, just a pilot, and I’m providing this information as a courtesy to my readers. If you need legal advice, contact a lawyer. There may be other federal and state laws that apply to your specific case.