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Holding out of willingness Options
Sorin F. Ghinescu
Posted: Thursday, June 29, 2017 6:28:50 AM

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Joined: 3/9/2016
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Location: Bucharest, Bucuresti, Romania
Hi guys,
I was reading an article about FAA shutting down an Uber-like service for airplanes.
One of the rules by which FAA classifies an operator contains the expression "holding out of willingness".
My understanding is that willfully solicits customers. Is that right? Do you know any more expressions using holding out in that way?
Thank you!
Sorin F. Ghinescu
Posted: Thursday, June 29, 2017 6:31:52 AM

Rank: Newbie

Joined: 3/9/2016
Posts: 26
Neurons: 20,916
Location: Bucharest, Bucuresti, Romania
Here's some fragment that sheds additional light onto the matter:

Common Carriage: A carrier becomes a common carrier when it "holds itself out" to the public, or to a segment of the public.

Holding Out: A carrier is holding out when they represent themselves as willing to furnish transportation within the limits of its facilities to any person who wants it.

There are lots of ways to "hold out", but the basic idea is if someone in the general public comes to you and asks you to fly them and you agree, you are probably holding out. Any form of advertising demonstrates a clear sign that you are holding out. There are also other activities that qualify, so look over the AC if you have further questions, and if that doesn't answer it your best bet is to contact an aviation lawyer. You could also contact your local FSDO with questions.
thar
Posted: Thursday, June 29, 2017 6:35:21 AM

Rank: Advanced Member

Joined: 7/8/2010
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Can you give the context of the original example?

These words could be interpreted in different ways
holding - out of willingness
holding out of willingness
holding out - of willingness
It really needs context.

In isolation, this is not how I would understand 'hold out'. It can mean to offer, it can mean to resist.
The explanation in your second post sounds very odd to me!

Maybe it is a phrase invented by aviation lawyers! They have to make themselves feel special. Whistle
Sorin F. Ghinescu
Posted: Thursday, June 29, 2017 9:25:22 AM

Rank: Newbie

Joined: 3/9/2016
Posts: 26
Neurons: 20,916
Location: Bucharest, Bucuresti, Romania
But that didn't stop the FAA. The regulator's prevailing "common carriage" rules were not established by Congress, but were promulgated by the FAA in 1986. There is a four-part test: If an airline operator undertakes 1) a "holding out of willingness" to 2) "transport persons or property" 3) "from place to place" 4) for "compensation or hire," it will be considered a common carrier subject to regulations on commercial airlines.

When Flytenow and AirPooler were first getting off the ground, their attorneys reached out to the FAA to verify that their activities were all above-board. Unfortunately, it may have been better for them to have asked for forgiveness than permission: The FAA responded that such services indeed fit the definition of a common carrier, despite the fact that pilots would not be soliciting passengers from the general public (condition #1)
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