> [!quote] From [[FAA Safety Team]]'s [Misuse of Expense Sharing and Understanding Pilot Privileges](https://www.faasafety.gov/spans/noticeView.aspx?nid=12238) > It has come to the attention of the [[FAA]] that, in general, pilots do not know or completely understand that the privileges and limitations of their certificates are separate and distinct from the operational rules required to conduct a flight, or to put it simply, pilot certification rules vs. operational rules. A person who holds an [[ATP]] Certificate or a commercial pilot certificate may act as [[PIC]] of an aircraft operated for compensation or hire and may carry persons or property for compensation or hire. However, simply holding a commercial pilot or ATP certificate does not end the inquiry. A commercial pilot or ATP must meet the qualification requirements not only of part 61 but also the part under which the operation is conducted and the operator must hold the proper operating authority. Most operations involving the carriage of persons for compensation require the operator to hold a certificate under part 119 authorizing such operations to be conducted under part 135 or 121. (See 14 C.F.R. §§ 119.1 et seq., 135.1, and 121.1, and definitions codified at § 110.2) A pilot, for a flight operated under [[Part 135]] or [[Part 121|121]], must meet additional qualification requirements like training, checking, and experience requirements. Therefore, in addition to ensuring compliance with the applicable pilot privileges and limitations in [[part 61]], prior to conducting any operation a pilot must also determine what operational rules the flight is conducted under, whether the operator has the appropriate operational certification (a [[part 119]] certificate), and whether the pilot has the requisite qualifications. Unless a valid exception from operational certification rules applies pursuant to § 119.1(e), operators (could be the pilot under certain circumstances) cannot engage in common carriage, e.g., holding out, unless they are operating in accordance with an air carrier certificate or commercial operating certificate. (See [[AC 120-12]]A). > > - An example of pilot confusion over these distinctions is as follows: During a conversation between an experienced part 135 pilot and an Aviation Safety Inspector (ASI), the pilot said “Doesn’t [[part 61]] ([[FAR 61.133 Commercial Pilot Privileges and Limitations|61.133]]) say that a commercial pilot can transport persons or property for hire?” The ASI answered “Yes...but what does the rest of the sentence say?” …provided the person is qualified in accordance with the applicable parts of this chapter that apply to the operation…” The ASI then asked “Do you fly under part 61 or under an operating rule such as [[Part 91]] or [[Part 135]]?” The pilot suddenly replied “Ohhhh! I see” he said, “part 61 is privileges and limitations, but we also have to comply with the operating rules. Got it!” > > Commercial and ATP pilots should also remember that although these certificates allow them to receive compensation and operate aircraft carrying people for compensation or hire, they themselves cannot hold out the public unless they have been issued a part 119 certificate. (See [Legal Interpretation from Mark Bury to Rebecca B. MacPherson (August 13, 2014)](https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/Data/interps/2014/MacPherson-JonesDay_2014_Legal_Interpretation.pdf)). > > If you have questions regarding sharing of operating expenses, holding out, or pilot certification rules versus operating rules, please review the FARs, Advisory Circulars, and Legal Interpretations referenced herein and below. Additionally, you may contact your local Flight Standards District Office for assistance or seek the advice of a qualified aviation attorney. > > [FAA Legal Interpretations](https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/) from [[FAA Office of the Chief Counsel]] > > [FAA Safe Air Charter Operations](https://www.faa.gov/about/initiatives/safe_charter_operations)