[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1407

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

                              May 9, 2019

    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, 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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