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Exam (elaborations)

Privileges and Limitations CAX questions with complete solutions

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Privileges and Limitations CAX questions with complete solutions

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September 30, 2024
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Privileges and Limitations CAX

What privileges apply to a commercial pilot? part (61.133) - correct answer ✔✔A person who holds a
commercial pilot certificate may act as PIC of an aircraft:

1) Carrying persons or property for compensation or hire

2) For compensation or hire



(14 CFR 61.133) also states that a commercial pilot must be qualified and comply with the applicable
parts of regulations that apply to the particular operation being conducted.



Explain the difference between your commercial pilot privileges and the operational authority required
to conduct a flight for compensation or hire. - correct answer ✔✔Even though a Commercial Pilot
Certificate allows a pilot to carry passengers or property for compensation or hire, it does not allow
them to act as an air carrier or commercial operator without first obtaining an air carrier or operating
certificate.



Would being both the pilot and the provider of an aircraft to someone for compensation or hire require
the pilot to also be in possession of a Part 119 operating certificate? - correct answer ✔✔If you are being
compensated for providing a service to another person and have operational control of an aircraft in
which that service is provided, you are required to have been issued an operating certificate to conduct
that operation under Part 135, or Part 121 or 125 if larger aircraft and more complex operations are
involved.



Define the term operational control. - correct answer ✔✔(14CFR1.1) Operational Control "with respect
to a flight, means the exercise of authority over initiating, conducting or terminating flight." Operational
Control involves three basic areas: flight crew, aircraft, and flight management.



what does the term commercial operator refers to? - correct answer ✔✔commercial operator is a
person who, for compensation or hire engages in the carriage by aircraft in air commerce of persons or
property, other than as an air carrier or under the authority of Part 135.

where it is doubtful that an operation is for "compensation or hire," the test applied is whether the
carriage by air is merely incidental to the person's other business or is, in itself, a major enterprise for
profit.

, what is common carriage? - correct answer ✔✔Common carriage refers to the carriage of passengers or
cargo as a result of advertising the availability of the carriage to the public.

A carrier becomes common carrier when it "holds itself out" to the public, or a segment of the public, as
willing to furnish transportation within the limits of its facilities to any person who wants it.



Four elements in defining common carrier - correct answer ✔✔a. A holding out or a willingness,

b. to transport persons or property

c. from place to place,

d. for compensation or hire.



What are examples of factors that an FAA would consider in determining whether an operator is holding
out? - correct answer ✔✔The FAA would consider whether an operator is using:

A. agents, agencies, or salespeople-individuals who may obtain passenger traffic form the general public
and collect them into groups to be carried by operator.

B. Print publications- advertising in newspaper, magazines, brochures, posters or any other type of
publication is the most direct means of holding out.

C. Internet- advertisement published on the internet will not meet the criteria of a limited and defined
group and, in most instances, would be considered to be holding out.

D. Social media- to avoid being considered holding out a pilot would need to be reaching out to a
defined group of people with whom he or she has an on going pre-existing relationship apart from
expense sharing.

E. Apps- the use of application on mobile or electronic devices to advertise flights for cost sharing under
14CFR 61.113(c) is considered holding.

F. Email- an email among close friends, asking to share operating expenses, may be acceptable. however
sending email to every friend, acquaintance, colleague, or contact may be considered holding out.

G. Personal solicitation and reputation/course of conduct-

physically holding out, without advertising, where the pilot gains a reputation of serving all, is sufficient
to constitute an offer to carry all customers.



What actions by a pilot would constitute holding out? - correct answer ✔✔Holding out is accomplished
by any means that communicates to the public that a transportation service is indiscriminately available
to the members of that segment of public that is designed to attract. There is no specific rule or criteria
as to how holding out is achieved. Instead, holding out is determined by assessing the available facts of a
specific situation. Advertising in any form raises the question of holding out.

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