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Originally Posted by Sidious  Ok so I own the a/c...... It is still private carriage? |
Maybe. The FA gives lip service to the concept of private carriage, even has an AC about it - AC 120-12A Private Carriage Versus Common Carriage Of Persons Or Property. But I've never seen a real situation in which the FAA has looked at an operation and said it was private carriage that does not need a Part 135 operating certificate.
The problem is this concept of "holding out." "Holding out is a pretty old concept and is one of the tradiitonal tests for the difference between "private carriage" and "common carriage."
All it means is that you are letting the public that you are available for transportation. "The public" includes any segment of the public that you are trying to attract. And it doesn't have to be many. For example, if you are one pilot with a 172, how much business can you possibly do? You don't have to advertise either - word of mouth that people "know" you are available is enough.
So, take those three "private" clients. How did they learn about you? Did they hear through word of mouth that you were available to provide transport? Sounds like public carriage to me.
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Originally Posted by tgrayson If there were only a handful of regular clients, it'd be considered private carriage, but you'd still need an operating certificate of some kind, either Part 135 or Part 125, depending on aircraft size. |
125, yes, but not 135. If it's truly private carriage, you would not need a 135 operating certifciate. That's the whole point of it being "private." I've become convinced that for practical purposes, there really ain't no such thing.