Law question for paying for flights

[bonzaii]

as a commercial pilot, must you operate under part 135 (etc) ? if you are a light weight, non-regular service. (in New Zealand)

I cant find the reference which says i cannot just operate under part 91?

I have a current cpl etc, and was under the impression that i cant - now im unsure..



Bit of a silly question i think. but cheers for your guys time anyway

[27/09]

As a CPL holder you can operate under Part 91 or Part 119/135.

If you're only operating in a private capacity, i.e. doing flying that is allowed with a PPL then you can operate under part 91. Even though you hold a CPL you're only exercising PPL privileges.

However if you're flying for an AOC holder, and you've completed a competency check with that operator, then you're operating under Part 119/135.

Hope that clears things up.

P.S. Just re read your question.

If you're doing any sort of ATO, (Like you describe, non sched, less than 10? seats) you or someone must hold a Part 119/135 certificate, it cannot be done under Part 91.

Generally the rules tell you what you can do rather than what you cannot do, so you need to find the rule (in this case Part 119) where it allows you to do ATO operations. If you look at Part 91 it will tell you what you can do, ATO ops will be missing.

Edited to add Part 119

[Kiwi172]

Part 119 deals with Air Operator certification. 119.5 states that if you wish to do air operations then they must be conducted under an Air Operators certificate issued issued under this rule. Basically to exercise the privileges of your CPL be it part 135, 125 or 121 must be under an AOC. Part 91 deals with general flight rules, VFR IFR etc. As a CPL you can not operate for hire and reward unless the operation is conducted under an AOC issued under part 119. You can as a CPL conduct part 91 (private ops). As soon as payment or reward comes into it it is an ATO or CTO.:= Im sure this is covered in the CPL Air Law syllabus.:ugh:

[c100driver]

Spot on Kiwi,

Part 119 is the gateway to any commercial operation as you have to comply with 119 requirements before you head down the specialist 135, 121 etc

You forgot to mention Part 115 is also a commercial operation.

[27/09]

Kiwi and C100

Yep. you're correct it is Part 119. Part 135 sits under Part 119.

[bonzaii]

cheers guys,

yeah i thought that was the case, i just couldn't find where it said i couldn't. (and i was half hoping i had thought wrong)

question answered, as you were :D