Answers for Pilots

91 vs. 135

March 5, 2005 By Ian J. Twombly

Is it commercial or private?

Among the most popular and complex subjects that AOPA receives repeated inquiries on is interpreting the difference between commercial and private flying. Specifically, most pilots want to make sure they are not in violation of FAR Part 135. Although it is often not clear to pilots in training, or to those who do not deal with commercial flying on a daily basis, an appropriate pilot certificate is potentially only one of the pieces required to satisfy the regulations for commercial flight operations.

As pilots, we all know that a commercial pilot certificate is required to receive compensation for piloting an aircraft. But many of us are surprised to learn that the commercial pilot certificate alone does not necessarily entitle one to fly for a commercial flight operation. Not only does the pilot have to be properly certified, but also the operation may have to be certified as well.

Any time persons or property are carried for compensation or hire, an operating certificate is required, be it Part 135 or 121. That being said, there's an exception to every rule, and this one is no different. Commercial flight operations that are exempt from an operating certificate are listed in Part 119: banner towing, pipeline patrol, flight instruction, aerial photography, and certain types of sightseeing, to name a few.

So how is one to tell the difference between flying that requires an operating certificate and that which does not? A good place to start is AOPA's subject report on 91 vs. 135. It can be found on AOPA Online. Here pilots can learn that receiving compensation of any kind, even flight time, can be considered a violation of Part 91 or 135. Those studying for commercial pilot written and practical tests can read an article on the definitions and application of holding out and common carriage, two terms critical to a proper understanding of commercial flying.

Whatever your interest in commercial flying, AOPA's subject report will cover it — even if that interest is in avoiding commercial flying altogether. If you still have questions or would like advice, remember that AOPA's Pilot Information Center is never more than a phone call away. The highly trained staff is more than happy to assist with your aviation technical question. You can reach the information center at 800/USA-AOPA (872-2672).

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