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 A—General

14 C.F.R. § 119.5

Certifications, authorizations, and prohibitions

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(a) A person authorized by the Administrator to conduct operations as a direct air carrier will be issued an Air Carrier Certificate.

(b) A person not authorized to conduct direct air carrier operations, but authorized by the Administrator to conduct operations as a U.S. commercial operator, will be issued an Operating Certificate.

(c) A person not authorized to conduct direct air carrier operations, but authorized by the Administrator to conduct operations when common carriage is not involved as an operator 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, will be issued an Operating Certificate.

(d) A person authorized to engage in common carriage under part 121 or part 135 of this chapter, or both, shall be issued only one certificate authorizing such common carriage, regardless of the kind of operation or the class or size of aircraft to be operated.

(e) A person authorized to engage in noncommon or private carriage under part 125 or part 135 of this chapter, or both, shall be issued only one certificate authorizing such carriage, regardless of the kind of operation or the class or size of aircraft to be operated.

(f) A person conducting operations under more than one paragraph of §§ 119.21, 119.23, or 119.25 shall conduct those operations in compliance with—

(1) The requirements specified in each paragraph of those sections for the kind of operation conducted under that paragraph; and

(2) The appropriate authorizations, limitations, and procedures specified in the operations specifications for each kind of operation.

(g) No person may operate as a direct air carrier or as a commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications. No person may operate as a direct air carrier or as a commercial operator in violation of any deviation or exemption authority, if issued to that person or that person's representative.

(h) A person holding an Operating Certificate authorizing noncommon or private carriage operations shall not conduct any operations in common carriage. A person holding an Air Carrier Certificate or Operating Certificate authorizing common carriage operations shall not conduct any operations in noncommon carriage.

(i) No person may operate as a direct air carrier without holding appropriate economic authority from the Department of Transportation.

(j) A certificate holder under this part may not operate aircraft under part 121 or part 135 of this chapter in a geographical area unless its operations specifications specifically authorize the certificate holder to operate in that area.

(k) No person may advertise or otherwise offer to perform an operation subject to this part unless that person is authorized by the Federal Aviation Administration to conduct that operation.

(l) No person may operate an aircraft under this part, part 121 of this chapter, or part 135 of this chapter in violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part.

[Docket 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997; Docket FAA-2022-1563, Amdt. 119-20, 88 FR 48089, July 26, 2023]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2006–2024 · leading case: Miller v. Raytheon Aircraft Co., 229 S.W.3d 358 (Tex. App. 2007).
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Miller v. Raytheon Aircraft Co., 229 S.W.3d 358 (Tex. App. 2007). “See 14 C.F.R. § 119.5 (a) (2000) (“A person authorized by the Administrator to conduct operations as a direct air carrier will be issued an Air Carrier Certificate.”
Gorman v. Nat'l Transp. Saf. Bd., 558 F.3d 580 (D.C. Cir. 2009). · cites it 2× “, 14 C.F.R. § 119.5 (h) (contrasting "common carriage” with "noncommon or private carriage”).”
Casino Airlines, Inc. v. Nat'l Transp. Saf. Bd., 439 F.3d 715 (D.C. Cir. 2006). “65 (a)(5); 14 C.F.R. § 119.5 (i), or face revocation of its operating, certificate.”
Flytenow, Inc. v. Fed. Aviation Admin., 808 F.3d 882 (D.C. Cir. 2015). “of Petitioner 24; 14 C.F.R. § 119.5 (k). Section 119.5(k) states: “No person may advertise or otherwise offer to perform an operation subject to this part [governing air carriers] unless that person is authorized by the [FAA] to conduct that operation.”
Boeta v. Fed. Aviation Admin., 831 F.3d 636 (5th Cir. 2016). · cites it 2× “1 ; 14 C.F.R. § 119.5 . 34 14 C.F.R. § 119.43 (c).”
Repub. Airline Inc. v. United States Dep't of Transp., 669 F.3d 296 (D.C. Cir. 2012). “See 14 C.F.R. § 119.5 (b). Because Midwest intended to change the aircraft servicing the KCI/Reagan National route (from Boeing 717s to Embraer regional jets), it was required to obtain a new AOC.”
Hanold v. Raytheon Co., 662 F. Supp. 2d 793 (S.D. Tex. 2009). “” See 14 C.F.R. § 119.5 (a) (“A person authorized by the Administrator to conduct operations as a direct air carrier will be issued an Air Carrier Certificate.”
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). · cites it 2× “See 14 C.F.R. §§ 119.5 , .21-.25. Thus, as a general rule, FAA regulations require that all air-carriers — i.”
Execjet Charter, Inc. v. Michael Huerta, 655 F. App'x 604 (9th Cir. 2016). “At a hearing before an Administrative Law Judge (“ALJ”) in February 2013, Execjet’s representative testified that he received notice from the Department of Transportation in March 2012 that the Department cancelled Execjet’s economic authority.”
Bonnet v. Whitaker, 118 F.4th 154 (1st Cir. 2024). “" 14 C.F.R. § 119.5 (g): "No person may operate as a direct air carrier or as a commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications.”
Eric Miller v. Raytheon Aircraft Co., Raytheon Travel Air, & Flight Options, L.L.C. (Tex. App. 2007). “See 14 C.F.R. § 119.5 (a) (2000) (“A person authorized by the Administrator to conduct operations as a direct air carrier will be issued an Air Carrier Certificate.”
Clair Aero, Inc. v. Nat'l Transp. Saf. Bd., 223 F. App'x 1 (D.C. Cir. 2007). “14 C.F.R. § 119.5 (g); id. § 1.1. Agency precedent establishes that the receipt of intangible benefits such as goodwill or the ex *2 pectation of future economic benefits is compensation under the regulations, see, e.”
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