II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aviation Empower5 ment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 40102(a) of title 49, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(48) ‘common carrier’ means a service pro10 vided by a person that meets the following elements: 


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1 ‘‘(A) holding out of a willingness to; 

2 ‘‘(B) transport persons or property; 

3 ‘‘(C) from place to place; 

4 ‘‘(D) for compensation; and 

5 ‘‘(E) without refusal unless authorized by 

6 law. 

7 In applying subparagraph (D), the term ‘compensa8 tion’ requires the intent to pursue monetary profit 

9 but does not include flights in which the pilot and 

10 passengers share aircraft operating expenses or the 

11 pilot receives any benefit. 

12 ‘‘(49) ‘personal operator’ means a person pro13 viding air transportation of persons or property for 

14 compensation or hire in aircraft that have eight or 

15 fewer seats, provided that the person holds a private 

16 pilot certificate pursuant to subpart E of section 61 

17 of title 14, Code of Federal Regulations (or any suc18 cessor regulation). A personal operator or a flight 

19 operated by a personal operator does not constitute 

20 a common carrier, as defined in paragraph (48), a 

21 commercial operation requiring a certificate under 

22 part 119 or 135 of title 14, Code of Federal Regula23 tions (or any successor regulation), or a commercial 

24 operator, as defined in section 1.1 of title 14, Code 


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1 of Federal Regulations (or any successor regula2 tion).’’. 

3 SEC. 3. REGULATIONS. 

4 Not later than 60 days after the date of enactment 

5 of this Act, the Secretary of Transportation shall issue or 

6 revise regulations to comply with this Act and to ensure 

7 the following: 

8 (1) That a person who holds a pilot certificate 

9 may communicate with the public, in any manner 

10 the person determines appropriate, to facilitate an 

11 aircraft flight for which the pilot and passengers 

12 share aircraft operating expenses in accordance with 

13 section 61.113(c) of title 14, Code of Federal Regu14 lations (or any successor regulation) and that such 

15 flight-sharing operations under section 61.113(c) of 

16 title 14, Code of Federal Regulations (or any suc17 cessor regulation) shall not be deemed a common 

18 carrier, as defined in paragraph (48) of section 

19 40102(a) of title 49, United States Code, or a com20 mercial operation requiring a certificate under part 

21 119 or 135 of title 14, Code of Federal Regulations 

22 (or any successor regulation). 

23 (2) That a personal operator, as defined in 

24 paragraph (49) of section 40102(a) of title 49, 

25 United States Code, as added by section 2, operating 


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1 under part 91 of title 14 Code of Federal Regula2 tions (or any successor regulation) shall not be sub3 ject to the requirements set forth in part 121, 125, 

4 or 135 of title 14, Code of Federal Regulations (or 

5 any successor regulation). 

Æ 


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