Originally Posted by WEACLRS
Operational control is defined in 14 CFR Part 1.1 - "Operational control, with respect to a flight means the
exercise of authority over initiating, conducting or terminating a flight."
Pilot in command is defined in Part 1.1 - "means the person who: (1) has
final authority and responsibility for the operation and safety of the flight; (2) has been designated as pilot in command before or during the flight; and (3) holds the appropriate category...
You as the commercial pilot (assuming the aircraft owner is just a private pilot) will be PIC and you do have operational control. The order in which Part 61 describes pilot certification is not random, ie, private - commercial - ATP - CFI. It's in that order for a reason. My job description as a regional airline captain and our company's Flight Operations and Procedures Manual quotes these definitions verbatim. And as PIC I don't arrange to buy the airplane, maintain it, pay for it, even put it in position for it's scheduled flight. I just fly it.
If the person who has operational control, is the person who decides when to terminate the flight ( in the air ) or before departure, choosing not to depart. And PIC is the one who has final authority to make these decisions...
Doesn't that make the PIC the one who always has operational control? It doesn't make sense, even in your situation where you "don't arrange to buy the airplane, maintain it, pay for it, or even put it in position for the flight." You still have operational control since you have final authority to terminate the flight.
Please tell me that I am wrong, since that would make any and every flight have to conduct operations under Part 135, except for 119.1 flights.
Thanks