Does holding out only apply to packages and f
#2
Gets Weekends Off
Joined APC: Jan 2016
Posts: 128
You don't need an air carrier certificate to act as a CFI. If your "holding out" (advertising to the public) you would be considered a carrier because you are providing transportation to the public. Being a CFI you're not transporting people or property. You are providing instruction.
#3
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,007
It's perfectly legal to publicly offer pilot services for hire, if you hold the necessary certification (commercial, and appropriately rated). It's not legal to hold out for pilot services as a private pilot or lower, if you're compensated or paid. Remember that compensation includes the logging of flight time.
A flight instructor may act as pilot in command, in which case he or she is providing pilot services, but the primary duty of the flight instructor is teaching, and it's perfectly legal to hold out to the public as a flight instructor.
The transportation of persons or property from one location to another for compensation or hire requires not only a commercial pilot certificate, but a Part 135 operating certificate (or 121, if the operation or aircraft is big enough and fits the bill). It requires a maintenance program, operating manual, drug testing, etc. It's legal to hold out for transportation of persons or property for hire, if operating under Part 135.
Holding out can be construed from many things. Putting up a banner offering to transport people is holding out, but so is tacking your business card to the bulletin board at school, or simply gaining a reputation by word of mouth as the guy that will fly people places. The FAA has deemed all to be holding out; the necessary component is that you've intentionally notified the public (verbally, in writing, or otherwise) of your services. Under some circumstances it's perfectly legal, others, not so much.
If you hold out as a commercial pilot willing to fly for others, this is legal, until you offer services you can't do. For example, you can advertise that you're a commercial pilot available for hire to fly someone's airplane. You can't hold out that you're a commercial pilot with an airplane, ready to fly people to Timbuktoo (unless you're a 135 operator and have Timbuktoo in your operations specifications as part of your geographical area of operations). You can hold out as a commercial pilot and be hired by someone to fly their aircraft for them, and you can pilot it for pay to Timbuktoo. You can buy an AgTruck and hold out for services as a spray pilot, flying ag (crop dusting). What you can't do is carry a package or field mouse or letter for hire from A to B when you ferry to Kansas to begin the spray season, and can't hold out to to it.
Clear as mud?
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