[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1124 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1124

To amend title 49, United States Code, to add a definition for the term 
              ``common carrier'', and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2021

    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 a definition for the term 
              ``common carrier'', 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 ``Flight Sharing Freedom 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.''.

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 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).
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