Carriage
Carriage is a crucial piece of a commercial rating and a principle concept that guides pilot compensation.
Introduction to Carriage
- When compensation is exchanged for transportation, the public expects, and the regulations demand, a higher level of safety.
- As a general rule, private pilots may neither act as PIC of an aircraft for compensation or hire nor act as PIC of an aircraft carrying persons or property for compensation or hire.
- The business-or-employment exception in Title 14 of the Code of Federal Regulations (CFR) 61.113(b) applies only when the flight is incidental to that business or employment and the aircraft carries no passengers or property for compensation or hire.
- An expense-sharing exception does not waive certificate, rating, flight-review, passenger-recency, medical, aircraft-airworthiness, or other operating requirements.
- Common carriage, or carriage, is one of the principal concepts of a commercial rating.
- Test your understanding of Carriage by completing the knowledge quiz, applying your knowledge in the interactive scenario, comparing your performance against the applicable Airman Certification Standards, and concluding with the topic summary to reinforce the key concepts before moving on to the next lesson.
Carriage Key Highlights
- Carriage regulations establish requirements for documents, equipment, occupants, and operational items that must be carried onboard aircraft.
- Required aircraft documents commonly include the airworthiness certificate, registration certificate, operating limitations, and weight and balance information.
- FAA regulations specify required onboard equipment based on aircraft operation type, airspace, weather conditions, and flight rules.
- Passenger carriage operations may require compliance with seat belt, shoulder harness, briefing, and occupancy regulations.
- Survival equipment, supplemental oxygen, flotation devices, and emergency equipment may be required for certain operations.
- Pilots are responsible for ensuring required equipment and documentation are onboard and accessible before flight.
- Aircraft operating under IFR (Instrument Flight Rules), night operations, or overwater flight may require additional carriage equipment and operational considerations.
- Improper loading or unauthorized carriage of hazardous materials can create significant safety and regulatory concerns.
- Aircraft inspections and preflight planning help verify compliance with applicable carriage requirements before departure.
- Understanding carriage requirements improves regulatory compliance, operational preparedness, and overall flight safety.
Common Carriage
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Common Carriage Definitions:
- Understanding carriage requires an understanding of legal definitions pertaining:
- Charitable event: an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170)
- Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event
- Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization's purposes is the promotion of aviation safety
- Pro-Rata Share: Pro rata means to divide or share proportionately (1 pilot and 3 passengers can split cost 4 ways).
- The FAA is particular about pro-rata share as ride sharing apps grow in popularity
- This led to the FAA publishing Advisory Circular (61-142) Sharing Aircraft Operating Expenses in Accordance with 14 CFR FAR 61.113 (c) which provides guidance and even scenarios for pilots to follow
- The FAA's Lamb-2 (2010) Legal Interpretation expands upon who may pay a pilot's pro-rata share:
- For an expense-sharing flight, the pilot must pay the pilot's own pro-rata share of the allowable operating expenses; an employer or other third party may not reimburse that share because only the passengers may contribute under 14 CFR 61.113(c).
- The FAA's Roberts (2012) Legal Interpretation expands upon a safety pilot's expense-sharing obligation:
- A safety pilot is a required flight crewmember during the simulated-instrument portion, not a passenger, and therefore is not required by 14 CFR 61.113(c) to pay a pro-rata share merely because the safety pilot logs pilot-in-command time.
- Common Purpose: Underlying the concept of pro-rata share is "common purpose," an unquantifiable concept that assumes the purpose of the flight is the same for all participants, such as a destination dinner, but not a pilot transporting a pilot to another.
- The FAA's Harrington (1997) Legal Interpretation expands upon what constitutes compensation:
- The FAA interprets compensation broadly: reimbursement of operating expenses or amenities conditioned on piloting the aircraft can be compensation, and receiving flight time without paying the aircraft's operating costs can itself be compensatory.
- Understanding carriage requires an understanding of legal definitions pertaining:
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Common Carriage:
- Common carriage refers to the carriage of passengers or cargo as a result of advertising the availability of the carriage to the public
- A carrier becomes a common carrier when it "holds itself out" to the public or a segment of the public as willing to furnish transportation within the limits of its facilities to any person who wants it
- There is no fixed number of contracts that automatically separates private from common carriage; the nature and character of the operation, including the number and relationship of customers, determine whether the operator is holding out.
- Four elements defining a "Common Carrier:"
- A holding out, or willingness to.
- Transport persons or property.
- From place to place.
- For compensation.
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Holding Out:
- Holding out is advertising or offering services to the general public.
- Can be done with signs and advertising, agencies, reputation.
- The FAA's Haberkorn (2011) Legal Interpretation expands upon holding out, social-media advertising, and common purpose:
- Offering an expense-sharing flight through social media to a broad audience may constitute holding out even when the audience is limited in size.
- Common purpose is determined from the particular facts; a destination selected for the pilot's own reason supports common purpose, while an electronic payment service is not inherently prohibited but may help show solicitation of the public.
- A carrier holding ones self out as generally willing to carry only kinds of traffic is nevertheless a common carrier.
- Pilots must also remember, if they want to share expenses under FAR 61.113(c), they must not "hold out" to the public or a segment of the public to expense share because that would put them into the realm of common carriage-i.e., (1) the holding out of a willingness to (2) transport persons or property (3) from place to place (4) for compensation or hire. As discussed more below, common carriage changes the operating rules under which the flight must be conducted and, necessarily, triggers the higher certification and qualification requirements for pilots required by those operating rules. (See AC 120-12A).
- A major point of emphasis to keep in mind regarding expense sharing flights is the "common purpose test". This means, that the pilot must have his or her own reason for traveling to the destination, not simply for the transportation of the passengers.
Carriage Requirements
- Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:
- The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;
- The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;
- The airplane or helicopter has a maximum of 30 seats, excluding each crew-member seat, and a maximum payload capacity of 7,500 pounds;
- The flight is not an aerobatic or a formation flight;
- Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
- Each flight is made during day VFR (Visual Flight Rules) conditions;
- Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro-rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
- The beneficiary of the funds raised is not in the business of transportation by air;
- A private pilot acting as pilot in command has at least 500 hours of flight time;
- The FAA's Mangiamele (2009) Legal Interpretation expands upon charitable-flight qualifications and business-travel reimbursement:
- The requirement that a private pilot acting as pilot in command (PIC) have at least 500 hours of flight time for a charitable, nonprofit, or community flight under 14 CFR 91.146 applies even when the pilot receives no compensation.
- A private pilot may accept employer reimbursement for a flight incidental to the employer's business only when the pilot carries no passengers or property for compensation or hire; when coworkers are carried, the employer may not reimburse the pilot, although passengers sharing a bona fide common purpose may share allowable expenses if the pilot pays the required pro-rata share.
- Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and
- Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights
- Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days
- Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days
- Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year
- At least seven days before the event, each sponsor of an event described in this section must furnish to the FAA Flight Standards District Office with jurisdiction over the geographical area where the event is scheduled:
- A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;
- A photocopy of each pilot in command's pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with 61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
- A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year
- Each Operator conducting passenger-carrying flights for compensation or hire must meet the following requirements unless all flights are conducted under FAR 91.146:
- For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with 119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport
- An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply for and receive a Letter of Authorization from the Flight Standards District Office nearest to its principal place of business
- Each application for a Letter of Authorization must include the following information:
- Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does business;
- Principal business address and mailing address;
- Principal place of business (if different from business address);
- Name of person responsible for management of the business;
- Name of person responsible for aircraft maintenance;
- Type of aircraft, registration number(s), and make/model/series; and
- An Anti-drug and Alcohol Misuse Prevention Program registration
- The Operator must register and implement its drug and alcohol testing programs in accordance with part 120 of this chapter
- The Operator must comply with the provisions of the Letter of Authorization received
Private Carriage
- Carriage for hire that does not involve holding out is considered private carriage
- Private carriage for hire is carriage for one or several selected customers
- The FAA's Hancock (2013) Legal Interpretation expands upon aircraft loans, compensation, and an owner's responsibility as an operator:
- Loaning an aircraft is not compensation when the loan is not conditioned on or exchanged for the pilot's services; however, an owner who authorizes and exercises control over the aircraft's use may still be an “operator” responsible for regulatory violations arising from that operation.
- The number must not be too great as to suggest a willingness to make a contract with anybody
- Services Allowable:
- Flight instruction
- Nonstop sightseeing flights
- Ferry or training flights
- Crop dusting, seeding, spraying, bird chasing
- Banner towing
- Aerial photography or survey
- Fire fighting
- Repair work
- Power line or pipeline patrol
Carriage Interactive Scenario
Interactive Scenario
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Carriage Knowledge Check
Choose the knowledge check that matches your current training for Carriage.
Private Pilot
PPL knowledge check
Core Knowledge Review
Review foundational knowledge, key concepts, and practical considerations. Topic: Carriage.
- Immediate feedback
- Answer explanations
- Account progress tracking
Commercial Pilot
CPL knowledge check
Advanced Application
Apply knowledge to advanced operations, risk management, and aeronautical decision-making. Topic: Carriage.
- Immediate feedback
- Answer explanations
- Account progress tracking
Why Take a Quiz?
Quizzes reinforce key concepts, identify knowledge gaps, and build confidence for real-world decisions. Quiz material is representative of the information provided here and is not based on or sourced from the Federal Aviation Administration test bank.
Carriage Conclusion
- The privileges and limitations of their certificates are separate and distinct from the operational rules required to conduct a flight, or to put it simply, pilot certification rules vs. operational rules
- A commercial pilot or ATP (Airline Transport Pilot) must meet the qualification requirements not only of part 61 but also the part under which the operation is conducted and the operator must hold the proper operating authority. Most operations involving the carriage of persons for compensation require the operator to hold a certificate under part 119 authorizing such operations to be conducted under part 135 or 121. (See 14 C.F.R. FAR 119.1 et seq., 135.1, and 121.1, and definitions codified at FAR 110.2)
- Commercial and ATP pilots should also remember that although these certificates may allow them to receive compensation and exercise the applicable pilot privileges, they cannot hold out transportation services to the public unless the operator has the required part 119 certification and operating authority. (See Legal Interpretation from Mark Bury to Rebecca B. MacPherson (August 13, 2014))
- The AOPA provides guidance on charitable, non-profit, and community event sight seeing flights.
- Still looking for something? Continue searching:
Carriage References
- Advisory Circular (61-142) Sharing Aircraft Operating Expenses in Accordance with 14 CFR Federal Aviation Regulations (FAR) 61.113 (c).
- Aircraft Owners and Pilots Association (AOPA) - FAA Issues Updated Guidance On Expense Sharing.
- AOPA - Guide to Charitable/NonProfit/Community Event Sight Seeing Flights.
- Federal Aviation Administration (FAA) - Pilot/Controller Glossary.
- Advisory Circular (120-12A) Private Carriage Versus Common Carriage of Persons or Property.
- Advisory Circular (61-142) Sharing Aircraft Operating Expenses in Accordance with 14 CFR § 61.113 (c).
- CFI Notebook.net - Aviation Roles.
- Federal Aviation Regulations (61.113) Private pilot privileges and limitations.
- Federal Aviation Regulations (91.146) Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
- Federal Aviation Regulations (91.147) Passenger-carrying flights for compensation or hire.
- Federal Aviation Regulations (119.1) Applicability.
- Reddit - Commercial checkride coming up, quiz me?.
- AIN Online - FAA AC Outlines Limits on Web-based Flight-sharing.
- FAA - AirPooler Determination.
- FAA - Blackbird Letter.
- FAA - Blackbird Letter Q&A.
- FAA - Safe Air Charter Operations.