Thread: Riddle Me This
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Old October 10th, 2007, 10:02   #18
MidlifeFlyer
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Default Re: Riddle Me This

Quote:
Originally Posted by tgrayson View Post
Then why does 119.23(b) say differently?
I don't think it does. It applies applicable requirements of 135 to private carriage operations, but you still have to separately see whether or not 119 or 135 requires a Operating Certificate for the specific type of operation. 125 was designed to deal with the special issue of large aircraft in private carriage, but I don't think there is any such thing as a Part 135 "private carriage" certificate for a C182. If it's not common carriage, it's not 135 - at least that's what all of the FAA Legal opinions dealing with the subject suggest to me. There are even some where owners of Part 125 aircraft are trying to stay within 125 and avoid the greater requirements of 135 by claiming that their operations are private and not common. Hard to imagine a regulatory scheme where an aircraft with less than 20 seats in the same type of operation is given stricter requirements than one with more than 20.

And from Excel's quote from the AC:

==============================
...that constitute common carriage are required to be conducted under
Federal Aviation Regulations (FAR) Parts 121 or 135. Private carriage may be
conducted under FAR Parts 125 or 91, Subpart D
.
==============================

I know that's not necessarily a good answer, and you've got my curiosity piqued. I'll try to find a better one.
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