Commercial Pilot: Cleared for Hire? Or are You?

I remember when I was working on my commerial rating and struggling to understand the concept that even though you may be a commercial pilot, at times, you cannot fly for hire.

Let's start with what we know.

As a private pilot, you cannot operate for hire. You can simply fly around and take passengers along, so long as they are not paying more than the pro-rata share.

As you upgrade to obtaining your instrument rating, you are now able to do the exact same thing, except fly into the clouds.

When you get your commercial certificate, you are now able to act as PIC for hire...... in certain cases. This does not mean your friend could approach you, ask you to fly them to Panama City for the weekend using the flight school 172 that you rent. This concept of the pilot and the plane being provided through the same source would be considered a "wet lease". Wet leases are illegal under Part 91 operations, and would be considered charter. If you wanted to do a wet lease, you would have to possess an operators certificate (costs lots of time and certification through the FAA). That is what Part 121 and 135 operations do.

Another defintion that is very important to this operating for hire equation is common carraige. Common carraige is a privilege of an air carrier who:

1. Holding out a willingness to....

2. Transport people or property....

3. From A to B....

4. For compensation or hire.

Holding out is advertising your services as a commercial pilot.

Now if someone who owns a plane approaches you, asking you to fly them to wherever, while you provide pilot services, this is considred a dry lease. See the difference? Dry leases are legal while operating under Part 91, or 91K (fractional ownership), so long as the lessor retains operational control. Operational control is "the legal authority to initiate, conduct, or terminate a flight". It is still up to the PIC to ensure the plane is airworthy for flight, operating safely, and all the other things that a pilot would normally do. As commercial pilots, we can do this. This is what I often think of as as the "unicorn" of low time aviation jobs. Some small private jets (Citations or Lears) or turboprops (King Air, PC-12), owned by non-pilots, have commercial pilots (who are rated for the applicable aircraft) fly them around. These jobs are usually gotten by if you know someone, aka "pretty rare". If there are several co-owners of the plane, they are engaging in Part 91K rules. Operational control still resides with the owners, not pilots. This is one of the main differences from 135 operations. Now, the border between this and illegal charter can be confusing, so it is important to read the FARs and other legal interpretations to keep you legal.

https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-K

https://jetlaw.com/sharing-aircraft-under-part-91-2/

https://www.planesense.com/making-sense-of-far-part-91-subpart-k-and-far-part-135/

https://www.faa.gov/sites/faa.gov/files/2021-11/GADryLeasingGuide.pdf

AC 120-12A:

https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC%20120-12A.pdf

Remember wet leases? Providing plane and pilot? A willingness to hold out to the general public? Advertising? Needing an operator's certificate? Well there are some exceptions to that rule. Those exceptions are found in Part 119 E

• Being a flight instructor

• Air Tours

• Crop Dusting

• Pipeline patrol

• Firefighting

• Etc.

Doing any of these things listed for hire is perfectly legal! I don't even know how flight instruction would be possible if it wasn't listed on this list.

I hope this was helpful. Stay legal! Stay safe!