C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS › PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS › Subpart B—Applicability of Operating Requirements to Different Kinds of Operations Under Parts 121, 125, and 135 of This Chapter

14 C.F.R. § 119.23

Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes or powered-lift when common carriage is not involved

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(a) Each person who conducts operations when common carriage is not involved with any airplane or powered-lift having a passenger-seat configuration of 20 seats or more, excluding each crewmember seat, or a payload capacity of 6,000 pounds or more, must, unless deviation authority is issued—

(1) Comply with the certification and operations specifications requirements of part 125 of this chapter;

(2) Conduct its operations in accordance with the requirements of part 125 of this chapter; and

(3) Be issued operations specifications in accordance with those requirements.

(b) Each person who conducts noncommon carriage (except as provided in § 91.501(b) of this chapter) or private carriage operations for compensation or hire with any airplane or powered-lift having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds, must—

(1) Comply with the certification and operations specifications requirements in subpart C of this part;

(2) Conduct those operations in accordance with the requirements of part 135 of this chapter, except for those requirements applicable only to commuter operations; and

(3) Be issued operations specifications in accordance with those requirements.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30434, June 14, 1996; Docket FAA-2022-1563, Amdt. 119-20, 88 FR 48089, July 26, 2023]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2024 · leading case: Gorman v. Nat'l Transp. Saf. Bd., 558 F.3d 580 (D.C. Cir. 2009).
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Gorman v. Nat'l Transp. Saf. Bd., 558 F.3d 580 (D.C. Cir. 2009). · cites it 3× “23(b), 14 C.F.R. § 119.23 (b). Gorman maintains, as he did below, that the regulation, which on its face applies only to aircraft “having a passenger-seat configuration of less than 20 seats,” id.”
Pablo Air Charter, LLC v. United States (S.D. Ohio 2024). “14 C.F.R. §§ 119.23 (b), 135.1(a)(1). Pablo Air purchased this Certificate alongside Island Seas’ Cessna 414 aircraft, which it intended to operate “under new ownership and under a new exclusive use dry lease agreement.”
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