How Common is Private Carriage?

This article (Paragraph No. 10,451), explores the elusive line between common carriage and private carriage in air transportation. As increasing numbers of passengers look for ways to avoid the frustrations of air travel on scheduled and charter airlines, many operators are working to develop alternatives to airline service, on the one hand, and private or fractional ownership of small aircraft on the other. Many of these operations involve "Part 125" private carriers or indirect air carriers offering private charters. Whether an operator is classified as a common carrier or a private carrier determines whether it will be subject to the heavy burdens of the FAA and DOT regulations that are imposed on air carriers. The author notes that the increasing number of recent DOT enforcement actions illustrates how difficult it is to avoid inadvertently becoming a common carrier. Prospective private carriers need to craft their operations carefully, in light of the extensive body of case law defining 'air transportation." Brokers arranging private charters also need to be acutely aware of the Department's definition of "indirect air transportation," which requires economic authority.

• Corporate Authors:

  International Aviation Law Institute

  DePaul University College of Law, 25 E Jackson Boulevard
  Chicago, IL  United States  60604
• Authors:
  • Atwood, Mark W
• Publication Date: 2004

Language

• English

Media Info

• Media Type: Print
• Edition: Transfer Binder 1: 2001 to 2004
• Pagination: pp 4361-4384
• Monograph Title: Issues in Aviation Law and Policy

Subject/Index Terms

• TRT Terms: Aviation law; Common carriers; Economics; Private aircraft; Private carriers; Regulations
• Identifier Terms: U.S. Federal Aviation Administration
• Subject Areas: Aviation; Law;

Filing Info

• Accession Number: 01126869
• Record Type: Publication
• Files: TRIS
• Created Date: Apr 17 2009 12:20PM