14 C.F.R. § 119.1

Applicability

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Link to an amendment published at 90 FR 35222, July 24, 2025.

(a) This part applies to each person operating or intending to operate civil aircraft—

(1) As an air carrier or commercial operator, or both, in air commerce; or

(2) When common carriage is not involved, in operations of any U.S.-registered civil airplane or powered-lift with a seat configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more; or

(3) When noncommon carriage is involved, except as provided in § 91.501(b) of this chapter, or in private carriage for compensation or hire, in operations of any U.S.-registered civil airplane or powered-lift with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds.

(b) This part prescribes—

(1) The types of air operator certificates issued by the Federal Aviation Administration, including air carrier certificates and operating certificates;

(2) The certification requirements an operator must meet in order to obtain and hold a certificate authorizing operations under part 121, 125, or 135 of this chapter and operations specifications for each kind of operation to be conducted and each class and size of aircraft to be operated under part 121 or 135 of this chapter;

(3) The requirements an operator must meet to conduct operations under part 121, 125, or 135 of this chapter and in operating each class and size of aircraft authorized in its operations specifications;

(4) Requirements affecting wet leasing of aircraft and other arrangements for transportation by air;

(5) Requirements for obtaining deviation authority to perform operations under a military contract and obtaining deviation authority to perform an emergency operation; and

(6) Requirements for management personnel for operations conducted under part 121 or part 135 of this chapter.

(c) Persons subject to this part must comply with the other requirements of this chapter, except where those requirements are modified by or where additional requirements are imposed by part 119, 121, 125, or 135 of this chapter.

(d) This part does not govern operations conducted under part 91, subpart K (when common carriage is not involved) nor does it govern operations conducted under part 129, 133, 137, or 139 of this chapter.

(e) Except for operations when common carriage is not involved conducted with any airplane or powered-lift 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 that occur in an airplane, powered-lift, or rotorcraft 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 this part 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, of the chapter and this part, 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) Powered-lift or rotorcraft operations in construction or repair work (but part 119 of this chapter 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 or gliders;

(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) Powered-lift or rotorcraft flights conducted within a 25 statute mile radius of the airport of takeoff if—

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

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

(iii) The aircraft 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 responsible Flight Standards office 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 aircraft;

(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;

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

(11) Small UAS operations conducted under part 107 of this chapter.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-4, 66 FR 23557, May 9, 2001; Amdt. 119-5, 67 FR 9554, Mar. 1, 2002; Amdt. 119-7, 68 FR 54584, Sept. 17, 2003; 72 FR 6911, Feb. 13, 2007; Docket FAA-2015-0150, Amdt. 119-18, 81 FR 42214, June 28, 2016; Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018; Docket FAA-2022-1563; Amdt. 119-20, 88 FR 48088, July 26, 2023]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1999–2024 · leading case: Flytenow, Inc. v. Fed. Aviation Admin., 808 F.3d 882 (D.C. Cir. 2015).

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Flytenow, Inc. v. Fed. Aviation Admin., 808 F.3d 882 (D.C. Cir. 2015). · cites it 2× “See 14 C.F.R. § 119.1 . An “air carrier” under the Federal Aviation Act is a person undertaking to provide “air transportation,” 49 U.”

Gorman v. Nat'l Transp. Saf. Bd., 558 F.3d 580 (D.C. Cir. 2009). “” See 14 C.F.R. § 119.1 (a)(1) (“This part applies to each person operating or intending to operate civil aircraft—(1) As an air carrier or commercial operator, or both, in air commerce;.”

Alaska Prof'l Hunters Ass'n v. Fed. Aviation Admin., 177 F.3d 1030 (D.C. Cir. 1999). · cites it 2× “Compare 14 C.F.R. § 119.1 (e)(2) (exempting nonstop “sightseeing flights”).”

Boeta v. Fed. Aviation Admin., 831 F.3d 636 (5th Cir. 2016). · cites it 2× “33 14 C.F.R. § 119.1 ; 14 C.F.R. § 119.5 . 34 14 C.”

Henry Weiland v. Am. Airlines, Inc., 778 F.3d 1112 (9th Cir. 2015). · cites it 2× “” 14 C.F.R. § 119.1 (a)(1). A pilot employed by an airline does not himself “operate civil aircraft as an air carrier or commercial operator.”

Jarmuth v. Aldridge, 747 N.E.2d 1014 (Ill. App. Ct. 2001). “1 (a) (1999); see also 14 C.F.R. § 119.1 et seq. (1999) (Certification: Air Carriers and Commercial Operators)), not to private owners.”

Brown v. Eurocopter S.A., 111 F. Supp. 2d 859 (S.D. Tex. 2000). “” 14 C.F.R. § 119.1 (a)(l)(emphasis added).”

Cirrus Expl. Co. v. Glenn Hegar, Comptroller of Pub. Accounts of the State of Texas & Ken Paxton, Attorney Gen. of the State of Texas, 427 S.W.3d 464 (Tex. App. 2014). “See 14 C.F.R. § 119.1 (b) (setting forth types of FAA “air operator certificates” and prescribing certification requirements operator must meet in order to obtain and hold certificate authorizing operations under part 121, 125, or 135); Department of Transp.”

Bonnet v. Whitaker, 118 F.4th 154 (1st Cir. 2024). “See 14 C.F.R. § 119.1 ; id. Part 135 (Part 135).”

Boulder Falcon v. Brown (D. Utah 2024). “”; • 14 C.F.R. § 119.1 : Applicability; • 14 C.”

Jarmuth v. Aldridge (Ill. App. Ct. 2001). “1 (a) (1999); see also 14 C.F.R. § 119.1 et seq. (1999) (Certification: Air Carriers and Commercial Operators)), not to private owners.”

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