Is it considered "holding out" when you give someone a business card and on it you write your name, contact info, and the words "Commercial Pilot"?

Do you have your own plane?


It's not holding out if someone wants to pay you to fly their plane.

Nope! Don't have my own a plane. I can rent one or use someone else's.

Yeah, that's holding out. But, Like prostitution, It ain't a crime till you close the deal.






(Just my opinion. Everything I say is probably wrong.)

Could someone define the aviation version of "holding out?"

"Holding out implies offering to the public the carriage of persons or property for hire..."
-- ASA-OEG-C5

http://www.faa.gov/documentLibrary/m...%20120-12A.pdf


"Holding out" in itself is not necessarily the problem. The problem is being identified as a "common carrier" (as opposed to "private carrier") without operating under a proper certificate: 121, 135, etc. "Holding out" is one way to identify someone operating as a "common carrier".




(Just my opinion. Everything I say is probably wrong.)

Saying you're John Doe and you're a pilot is not holding out. Saying you're John Doe, you're a pilot and you'll fly them to Denver or where ever they want to go is certainly starting down that path.

The simple way to think of it as jcaplins says if you're providing common carriage, you need a 121 or 135 certificate.

However, like prostitution in most jurisdictions, just making the offer is a violation. Shows intent.

I honestly don't think putting your credentials on a business card is holding out. You are simply stating what is already on your certificate. Now if you put on your business card "Available to fly you when ever/where ever you want!", that would be holding out. Remember you CAN holdout for the 10 items list under FAR 119.1(e):

(e) Except for operations when common carriage is not involved conducted with airplanes having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—

(1) Student instruction;

(2) Nonstop Commercial Air Tours conducted after September 11, 2007, in an airplane or helicopter having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport, in compliance with the Letter of Authorization issued under §91.147 of this chapter. For nonstop Commercial Air Tours conducted in accordance with part 136, subpart B of this chapter, National Parks Air Tour Management, the requirements of part 119 of this chapter apply unless excepted in §136.37(g)(2). For Nonstop Commercial Air Tours conducted in the vicinity of the Grand Canyon National Park, Arizona, the requirements of SFAR 50–2, part 93, subpart U, and part 119 of this chapter, as applicable, apply.

(3) Ferry or training flights;

(4) Aerial work operations, including—

(i) Crop dusting, seeding, spraying, and bird chasing;

(ii) Banner towing;

(iii) Aerial photography or survey;

(iv) Fire fighting;

(v) Helicopter operations in construction or repair work (but it does apply to transportation to and from the site of operations); and

(vi) Powerline or pipeline patrol;

(5) Sightseeing flights conducted in hot air balloons;

(6) Nonstop flights conducted within a 25-statute-mile radius of the airport of takeoff carrying persons or objects for the purpose of conducting intentional parachute operations.

(7) Helicopter flights conducted within a 25 statute mile radius of the airport of takeoff if—

(i) Not more than two passengers are carried in the helicopter in addition to the required flightcrew;

(ii) Each flight is made under day VFR conditions;

(iii) The helicopter used is certificated in the standard category and complies with the 100-hour inspection requirements of part 91 of this chapter;

(iv) The operator notifies the FAA Flight Standards District Office responsible for the geographic area concerned at least 72 hours before each flight and furnishes any essential information that the office requests;

(v) The number of flights does not exceed a total of six in any calendar year;

(vi) Each flight has been approved by the Administrator; and

(vii) Cargo is not carried in or on the helicopter;

(8) Operations conducted under part 133 of this chapter or 375 of this title;

(9) Emergency mail service conducted under 49 U.S.C. 41906; or

(10) Operations conducted under the provisions of §91.321 of this chapter.

No, it's not holding out in any way. It's just listing your professional credentials.


Also it's legal to "hold out" if the other party provides the plane...you as a commercial pilot can always get paid to fly someone else's plane. The holding out limitation only applies to when you supply the airplane...in that case you need a 135 or 121 cert.

The common misunderstanding is that "holding out" isn't limited to aviation. It's just a phrase that refers to letting the public know of availability.

The problem in aviation isn't "holding out." It's holding out something that you're not entitled to do without operating certificates. IOW, there's nothing wrong with "holding out" your availability to act as a pilot in a Part 91 operation, to engage in any of the activities listed in 119.1(e), to flight instruct as a CFI, to ferry aircraft, etc.

as jcaplins said, it's not "holding out" that's the problem, it's holding out availability to act as a carrier that requires operating certificates you don't have.