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4 Answers

Commercial Rating & Flying for Hire

Asked by: 1984 views ,
Commercial Pilot, FAA Regulations, General Aviation

The amount of information and varying answers to the same questions regarding flying for hire under a commercial rating are dizzying. I decided to just come here to try and get it set straight.

From what I gather, there really isn't much you can do with a commercial rating relative to what most would initially think. When it comes to flying for hire, it seems a commercial rating is really only step 1 of 2.

I understand the vast majority of flying for hire (private chartering) requires an ATP rating, and I get the differences between ATP and commercial ratings. It seems, though, that there may be a workaround for those of us that are really just looking to do some low-level private chartering as a side hustle by letting the client rent his own plane. Is there truth to this?

It seems the main reason behind needing an ATP rating for doing something on this level is mainly because, if you were going to advertise yourself as a package for chartering (meaning pilot and plane), you'd need to team with/be hired by a company with an air carrier operating certificate (AOC). Due to insurance and industry standards, an ATP rating is needed for the vast majority (not all) of those situations. Obviously, someone wanting to do this as a side hustle wouldn't find it worth it to jump through the 3,000 hoops in order to obtain his/her own AOC. An AOC is mainly about aircraft maintenance protocol, which begs the question...

By placing the liability of the plane into the client's hands, doesn't this solve the problem? Instead of advertising as a package, you could advertise yourself as the pilot and direct them to where they could rent the plane, yes?

Looking forward to the responses

Thanks

Ryan

 

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4 Answers



  1. Kris Kortokrax on Mar 27, 2020

    The variety of answers is due to the variety of scenarios.

    First, there is a lot you can do with a Commercial. See 119..1(e):

    Air Tours
    Ferry or training flights
    Crop dusting
    Banner towing
    Aerial photography or survey
    Fire fighting
    External Load Helicopter operations
    Powerline or pipeline patrol;
    Haul Parachute jumpers

    You can also fly as PIC for a Corporate Operator (if you meet their requirements).

    The FAA only requires an ATP if you are flying under 121 or under 135, if you will be flying passengers in a turbojet, an airplane carrying 10 or more passengers, a multi-engine airplane in commuter operations or a helicopter in scheduled interstate operations. See 135.243(a). Insurance company requirements have nothing to do with FAA regulations.

    I’m not sure what you mean by low level private chartering. Are you talking about lower altitudes? Or lower level of activity?

    What kind of aircraft are you talking about? A Bonanza, a Baron, a King Air or a G-IV?

    An Air Carrier certificate is not just about maintenance. Think Operational Control, Crewmember Training and Testing. Even a Single Pilot operator must provide a Compliance Statement outlining how the Air Carrier will comply with all the pertinent regulations.

    You can advertise your availability as a pilot. But, when you direct someone to a place to rent an aircraft, then it takes on the character of a wet lease (which requires an Air Carrier certificate).

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  2. Ryan on Mar 27, 2020

    To clarify, I meant low level as in low level of activity – small number of flights scattered throughout the year as a small side gig (aka not going into the business of chartering/air taxi). Someone in this position would not find it worth it to go through the process of obtaining an air carrier certificate, nor to jump on board or be employed by a business with one. This question really is about any way to get around all that because it wouldn’t make sense to do it from an economical standpoint.

    As for the aircraft, I assume it would depend on what the client could find to rent. I’m imagining a smaller single engine piston airplane (C182, etc). If the client is the one sourcing the plane though, would that even matter? The client sourcing the plane seems to be the route around it all the technicalities, no?

    As for the directing of potential clients to plane rental locations – I guess I understand this can be crossing and/or cutting it close to the line regulation-wise, but I really don’t understand why since this ultimately places the responsibility and liability of the plane solely into the client’s hands, which seems to be what all the ATP/AOC/standardization is about.

    Maybe the better way to ask the question is this – how can I get paid to fly a small number of private clients around the regional area each year, most likely in a single engine piston, without the need for an ATP rating or jumping through the hoops of acquiring an AOC?

    Thanks
    Ryan

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  3. Best Answer


    Kris Kortokrax on Mar 27, 2020

    You use the phrase “get around all that”. The FAA doesn’t want people to “get around all that”. Economical factors do not enter into the picture, except from the point of view of the operator, who has to decide if complying with the procedure makes economical sense for him.

    Take a look at AC 91-37B. It discusses the things you are talking about. For a dry lease, the lessee has to have operational control of the aircraft. If your client rents an aircraft, he would not have operational control of the aircraft (i.e. maintenance, taking it where he wants to when he wants to).

    If a client owned an aircraft and wanted you to fly it for him, you could be paid to do that.

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  4. Ryan on Mar 27, 2020

    Ok great – that’s what I was looking for. Thanks for your help on this!

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