91 or 135?
 

Can anyone provide insight to this situation? I'm trying to avoid calling the FAA.

Company A. is somehow getting business and lots of it, however they don't have the money to buy/maintain/staff etc a 2nd plane. So they contract to company B. I've found that if A. has an extra pax that they give to B.; B. must be a part 135 certifcated carrier. However my question is if company B. says "we will only carry pax between states X.Y.Z." is that enough "exlusion of the general population" to place company B under part 91?

I think you have to think about 'holding out', not just any restrictions that might be in place.

If company "A" holds out then "B" has to 135/121 to carry any overflow. If "A" doesn't hold out then it's a matter of the relationship between "A" and "B." If "B" will take anyone that walks through the door, even if it's only to X,Y or Z, that's common carriage.

sounds like a 134 and a half... not quite a 135

But would "B" be holding out if the only reason they existed was to support "A?" I guess what I'm trying to say is that the only way people know about "B" is through "A"

I'm guessing the people went to "A" because they held out. If you hold out, you are held to higher standard to protect the public. If they are getting dumped off on a non 135/121, their actual flight is not being held to that higher standard. Think of it this way - Delta and FedEx hold out. They can't subcontract their flights to a 91 or 125 even if the subcontractor says we only work for Delta or FedEx.

Hi!

The situation you are describing is similar to the one where they crashed the TEB plane, and a number of people are going to federal prison on that one.
The FAA has SAID they are serious about cracking down on companies flying for hire as -91 and/or using various subcontractors leading to a loss of operational control. Now, will the FAA ACTUALLY crack down? I don't know.

cliff
NBO

clearly not enough facts to know for sure. Could be shady, could be on the up and up.

thanks for the help everyone. It sounds like a good way to make a buck but I don't really think it would be worth the risk, just a little too far into the grey area for my pucker meter.