FAR 61.133 — Commercial Pilot Privileges
FAR 61.133 explains commercial pilot privileges, the carriage of persons or property for hire, and limitations when no instrument rating is held.
In Plain English
FAR 61.133 spells out what a commercial pilot can and cannot do with their certificate. In short, a commercial pilot may act as pilot in command of an aircraft:
- Carrying persons or property for compensation or hire, and
- For compensation or hire (e.g., flying a job like pipeline patrol or aerial photography),
provided the pilot is qualified under Part 61 and any other applicable parts (such as Part 91, 119, 135, or 121) that govern the specific operation. This is why a commercial certificate alone doesn't authorize you to start a charter business — you still need to comply with the operating rules that apply.
There's an important limitation for airplane and powered-lift applicants who don't hold an instrument rating in the same category and class. Their certificate will be issued with the limitation:
"The carriage of passengers for hire in (airplanes) (powered-lifts) on cross-country flights in excess of 50 nautical miles or at night is prohibited."
This limitation is removed once the pilot earns the instrument rating in that same category and class per § 61.65.
Balloon and lighter-than-air commercial pilots have additional teaching/endorsement privileges and class-specific limitations (gas balloon vs. airborne heater).
Regulation Text
14 CFR § 61.133§ 61.133 Commercial pilot privileges and limitations.
(a)—(1)A person who holds a commercial pilot certificate may act as pilot in command of an aircraft—
(i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and
(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.
(2)A person with a commercial pilot certificate with a lighter-than-air category rating may—
(i)—(A) Give flight and ground training in an airship for the issuance of a certificate or rating;
(B) Give an endorsement for a pilot certificate with an airship rating;
(C) Endorse a pilot's logbook for solo operating privileges in an airship;
(D) Act as pilot in command of an airship under IFR or in weather conditions less than the minimum prescribed for VFR flight; and
(E) Give flight and ground training and endorsements that are required for a flight review, an operating privilege or recency-of-experience requirements of this part.
(ii)—(A) Give flight and ground training in a balloon for the issuance of a certificate or rating;
(B) Give an endorsement for a pilot certificate with a balloon rating;
(C) Endorse a pilot's logbook for solo operating privileges in a balloon; and
(D) Give ground and flight training and endorsements that are required for a flight review, an operating privilege, or recency-of-experience requirements of this part.
(b)(1) A person who applies for a commercial pilot certificate with an airplane category or powered-lift category rating and does not hold an instrument rating in the same category and class will be issued a commercial pilot certificate that contains the limitation, “The carriage of passengers for hire in (airplanes) (powered-lifts) on cross-country flights in excess of 50 nautical miles or at night is prohibited.” The limitation may be removed when the person satisfactorily accomplishes the requirements listed in § 61.65 of this part for an instrument rating in the same category and class of aircraft listed on the person's commercial pilot certificate.
(2) If a person who applies for a commercial pilot certificate with a balloon rating takes a practical test in a balloon with an airborne heater—
(i) The pilot certificate will contain a limitation restricting the exercise of the privileges of that certificate to a balloon with an airborne heater.
(ii) The limitation specified in paragraph (b)(2)(i) of this section may be removed when the person obtains the required aeronautical experience in a gas balloon and receives a logbook endorsement from an authorized instructor who attests to the person's accomplishment of the required aeronautical experience and ability to satisfactorily operate a gas balloon.
(3) If a person who applies for a commercial pilot certificate with a balloon rating takes a practical test in a gas balloon—
(i) The pilot certificate will contain a limitation restricting the exercise of the privileges of that certificate to a gas balloon.
(ii) The limitation specified in paragraph (b)(3)(i) of this section may be removed when the person obtains the required aeronautical experience in a balloon with an airborne heater and receives a logbook endorsement from an authorized instructor who attests to the person's accomplishment of the required aeronautical experience and ability to satisfactorily operate a balloon with an airborne heater.
[Docket 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40905, July 30, 1997; Docket FAA-2010-1127, Amdt. 61-135, 81 FR 1306, Jan. 12, 2016]
Oral Exam Questions a DPE Might Ask
Q1What are the privileges of a commercial pilot certificate?
Per FAR 61.133, a commercial pilot may act as PIC of an aircraft carrying persons or property for compensation or hire, or for compensation or hire, provided they're qualified under Part 61 and any other parts applicable to the operation.
Q2If you hold a commercial certificate but no instrument rating in airplanes, what limitation appears on your certificate?
Under FAR 61.133(b)(1), the certificate carries the limitation that the carriage of passengers for hire in airplanes on cross-country flights over 50 NM or at night is prohibited until the instrument rating is obtained.
Q3How do you remove the 50 NM / night passenger-for-hire limitation from a commercial certificate?
Per FAR 61.133(b)(1), the limitation is removed by satisfactorily completing the requirements of § 61.65 for an instrument rating in the same category and class as listed on the commercial certificate.
Studying for a checkride?
Related Sections in Part 61