Private Carriage vs. Common Carriage in Aviation

In the world of aviation, particularly when it comes to carrying persons or property for compensation or hire, the distinction between private carriage and common carriage is critical. This difference determines the regulatory requirements an operator must follow, including whether a commercial operating certificate (such as under 14 CFR Part 135 or Part 121) is needed.

The concepts stem from common law and are referenced in FAA regulations and guidance, primarily Advisory Circular (AC) 120-12A, Private Carriage Versus Common Carriage of Persons or Property.

What is Common Carriage?

Common carriage occurs when an operator holds out a willingness to transport persons or property from place to place for compensation or hire. The FAA defines the four elements of common carriage as:

  1. A holding out (or willingness to hold out) to the public or a segment of the public.
  2. Transport of persons or property.
  3. From place to place.
  4. For compensation or hire.

Holding out can be explicit (e.g., advertising charter services) or implicit (e.g., operating in a way that implies availability to anyone willing to pay). Examples include:

  • Advertising flights on websites, social media, or signs.
  • Offering on-demand charter services to the general public.
  • Having numerous unrelated contracts that suggest willingness to serve anyone.

Operations in common carriage require an air carrier certificate under 14 CFR Part 119 and are typically conducted under Part 121 (scheduled airlines) or Part 135 (on-demand charters). These rules impose stricter standards for pilot qualifications, maintenance, and operational controls to protect the paying public.

What is Private Carriage?

Private carriage (also called non-common carriage or private carriage for hire) involves carrying persons or property for compensation or hire without holding out to the public.

Key characteristics:

  • Limited to a select few customers, often under long-term, exclusive contracts.
  • No advertising or solicitation to the general public.
  • Typically, the operator has a small number of unrelated clients (the FAA has indicated that more than a few—especially unrelated—customers may imply holding out).

Private carriage for hire generally still requires certification under Part 135 (for smaller aircraft) or Part 125 (for larger ones), depending on aircraft size and configuration. However, pure private carriage without compensation (e.g., a corporate flight department flying company executives) can operate under Part 91 with fewer restrictions.

Key Differences at a Glance

Aspect Common Carriage Private (Non-Common) Carriage
Holding Out Yes – to the public or a segment No – limited to specific, select customers
Customers Indiscriminate; anyone who pays Few, often long-term contracts
Certification Needed Part 121 or 135 (air carrier certificate) Often Part 135/125; no cert if no compensation
Examples Charter companies, airlines Corporate shuttle for one company, limited contracts
Regulatory Burden Higher (public protection) Lower, but still significant if for hire

Why Does This Matter?

Misclassifying an operation as private when it involves holding out can lead to serious FAA enforcement actions, including civil penalties or certificate revocation. The FAA views common carriage as involving greater risk to the public, hence the higher standards.

For pilots: Even with a commercial pilot certificate, you cannot conduct common carriage operations without the proper operator certification. Expense-sharing flights (under 14 CFR §61.113(c) for private pilots or similar for commercial) must avoid any appearance of holding out and require a common purpose.

References and Further Reading

Understanding these distinctions helps ensure compliance and safety in aviation operations. If in doubt about a specific operation, consult the FAA or an aviation attorney.