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II
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Flight Sharing Free-
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dom Act’’.
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SEC. 2. DEFINITIONS.
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Section 40102(a) of title 49, United States Code, is
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amended by adding at the end the following:
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‘‘(48) ‘common carrier’ means a service pro-
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vided by a person that meets the following elements:
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‘‘(A) holding out of a willingness to;
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‘‘(B) transport persons or property;
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‘‘(C) from place to place;
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‘‘(D) for compensation; and
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‘‘(E) without refusal unless authorized by
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law.
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In applying subparagraph (D), the term ‘compensa-
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tion’ requires the intent to pursue monetary profit
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but does not include flights in which the pilot and
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passengers share aircraft operating expenses or the
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pilot receives any benefit.’’.
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SEC. 3. REGULATIONS.
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Not later than 60 days after the date of enactment
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of this Act, the Secretary of Transportation shall issue or
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revise regulations to comply with this Act and to ensure
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that a person who holds a pilot certificate may commu-
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nicate with the public, in any manner the person deter-
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mines appropriate, to facilitate an aircraft flight for which
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the pilot and passengers share aircraft operating expenses
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in accordance with section 61.113(c) of title 14, Code of
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Federal Regulations (or any successor regulation) and
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that
such
flight-sharing
operations
under
section
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61.113(c) of title 14, Code of Federal Regulations (or any
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successor regulation) shall not be deemed a common car-
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rier, as defined in paragraph (48) of section 40102(a) of
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•S 1124 IS
title 49, United States Code, or a commercial operation
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requiring a certificate under part 119 or 135 of title 14,
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Code of Federal Regulations (or any successor regulation).
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