[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 888 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 888
To amend title 49, United States Code, to add definitions for the terms
``common carrier'' and ``personal operator'', and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to add definitions for the terms
``common carrier'' and ``personal operator'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Empowerment Act''.
SEC. 2. DEFINITIONS.
Section 40102(a) of title 49, United States Code, is amended by
adding at the end the following:
``(48) `common carrier' means a service provided by a
person that meets the following elements:
``(A) holding out of a willingness to;
``(B) transport persons or property;
``(C) from place to place;
``(D) for compensation; and
``(E) without refusal unless authorized by law.
In applying subparagraph (D), the term `compensation' requires
the intent to pursue monetary profit but does not include
flights in which the pilot and passengers share aircraft
operating expenses or the pilot receives any benefit.
``(49) `personal operator' means a person providing air
transportation of persons or property for compensation or hire
in aircraft that have eight or fewer seats, provided that the
person holds a private pilot certificate pursuant to subpart E
of section 61 of title 14, Code of Federal Regulations (or any
successor regulation). A personal operator or a flight operated
by a personal operator does not constitute a common carrier, as
defined in paragraph (48), a commercial operation requiring a
certificate under part 119 or 135 of title 14, Code of Federal
Regulations (or any successor regulation), or a commercial
operator, as defined in section 1.1 of title 14, Code of
Federal Regulations (or any successor regulation).''.
SEC. 3. REGULATIONS.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall issue or revise regulations to comply
with this Act and to ensure the following:
(1) That a person who holds a pilot certificate may
communicate with the public, in any manner the person
determines appropriate, to facilitate an aircraft flight for
which the pilot and passengers share aircraft operating
expenses in accordance with section 61.113(c) of title 14, Code
of Federal Regulations (or any successor regulation) and that
such flight-sharing operations under section 61.113(c) of title
14, Code of Federal Regulations (or any successor regulation)
shall not be deemed a common carrier, as defined in paragraph
(48) of section 40102(a) of title 49, United States Code, or a
commercial operation requiring a certificate under part 119 or
135 of title 14, Code of Federal Regulations (or any successor
regulation).
(2) That a personal operator, as defined in paragraph (49)
of section 40102(a) of title 49, United States Code, as added
by section 2, operating under part 91 of title 14 Code of
Federal Regulations (or any successor regulation) shall not be
subject to the requirements set forth in part 121, 125, or 135
of title 14, Code of Federal Regulations (or any successor
regulation).
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