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135.243(b) relating to pistons and cargo operations

Asked by: 3890 views , , ,
Commercial Pilot, FAA Regulations, Instrument Rating

I could be reading the reg wrong but I'm quite confused on how exactly 135.243(b) relates to a piston aircraft in a cargo operation. I understand it says 500TT etc, but lets take this as the example as this is for a small family operated company, flying cargo somewhere off the beaten path in North Dakota. Lets say the pilot has 300TT, 50XC, 30 which are at night, has an instrument rating and the aircraft is a PA34. Let's say the pilot isn't flying for free, but is being paid but is kicking in for fuel.

  • Does this constitute him being "for hire" since he's technically paying part of the operating costs?
  • And if it doesn't, what Part does this "operation/operator" technically fall under?
Thanks in advance

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2 Answers



  1. Mark Kolber on Dec 13, 2015

    Exactly what do you find confusing about

    …no certificate holder may use a person, nor may any person serve, as pilot in command of an aircraft under VFR [in a Part 135 operation exception certain jet a d helicopter ops] unless that person—

    “Technically paying part of the operating costs” I guess means customers technically paying for the rest. It would be interesting if one could get oneself out of Part 135 by giving discounts, but AFAIK it doesn’t work that way. Some of the silly things the FAA says is “compensation” aside, I’m pretty sure payment of money in exchange for a service is “for hire.”

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  2. Kris Kortokrax on Dec 27, 2015

    Flying cargo for hire (being paid, not doing it for free), requires an Air Carrier certificate. You would be operating under Part 135. The only exception would be if there is a company that delivers its product by airplane and you are employed by the company. As long as you don’t fly cargo for any other company, you could operate under Part 91.

    There are no exceptions for small family operations or operating in North Dakota. If a company is operating under Part 135, then you as a pilot would need to meet the requirements

    Just as an aside, it doesn’t seem to be a good business model for an operation to pay for some of the fuel to transport cargo.

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