§ 61.133 — Commercial Pilot Privileges and Limitations

Regulation Text

(a) Privileges—(1) General. 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) Commercial pilots with lighter-than-air category ratings. A person with a commercial pilot certificate with a lighter-than-air category rating may—

(i) For an airship—(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) For a balloon—(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) Limitations. (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.

Research Notes

Regulatory Cross-References

§ 61.133 defines both what a commercial pilot may do and what they may not do. The privileges: a commercial pilot may act as PIC of an aircraft for compensation or hire. The limitations are critical: a commercial pilot may not, for compensation or hire, carry passengers or property in single-engine aircraft at night or above 10,000 feet MSL (whichever is higher) unless the pilot also holds an instrument rating.

The Instrument Rating Limitation for Single-Engine Commercial Operations

This limitation under § 61.133(b)(1) is frequently misunderstood. A commercial pilot in a single-engine aircraft without an instrument rating cannot carry passengers for hire at night or above 10,000 feet MSL. This limitation does not apply to multi-engine operations or to pilot-in-command of a flight that does not carry passengers or property for hire. Many entry-level commercial jobs (banner towing, pipeline patrol, ferry flights) are conducted in daytime VFR conditions below 10,000 feet — these are legal without an instrument rating, but the career ceiling is severely limited.

Part 119 and Beyond

For air carrier operations (Part 121 and scheduled Part 135), the ATP certificate is required, not just the commercial. The commercial certificate is the entry point to compensated flying, but many commercial operations require an Air Carrier Certificate (Part 119) from the operating certificate holder. The pilot's certificate alone doesn't authorize airline operations.

Key Authorities

14 CFR Part 119 — Certification: Air Carriers and Commercial Operators
14 CFR Part 135 — Operating Requirements: Commuter and On-Demand Operations
FAA Legal Interpretation: Trainor (2013) — compensation vs. hire analysis for commercial pilot privileges
AC 61-142 — Sharing Aircraft Operating Expenses and Pilot Compensation (defines what counts as "compensation")

CFI Commentary

Highlighted phrases in the regulation text above link to instructor notes at the bottom of this page. Look for the amber or blue highlights — each one flags a gotcha or a pro tip worth knowing.

Amendment History

Amendment History Coming Soon

Every time this regulation changes, we'll record it here — the date, what was amended, and a plain-English summary of what shifted.

AOA Notes

These notes correspond to the highlighted phrases in the regulation text above. Each one flags something worth knowing — a common misread, a checkride gotcha, or a practical pro tip.

Gotcha: No passengers for hire at night in single-engine without instrument rating

This limitation trips up a lot of new commercial pilots. You got your commercial. You can fly for money now — sort of. Without that instrument rating, you cannot legally take paying passengers in a single-engine plane at night or above 10,000 feet MSL. That covers a huge portion of charter work. The instrument rating you needed to get into the commercial certificate is also the thing that removes this limitation. It's not an accident — the FAA wanted instrument-rated pilots flying paying passengers in IMC-capable situations.

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Pro Tip: What counts as flying for hire is broader than you think

AC 61-142 is the authoritative guide here. 'Compensation' includes not just cash — it includes free lodging, reduced rent on an aircraft, or any other tangible benefit received in exchange for flying. Splitting costs pro-rata with passengers you know (and where you have a legitimate personal reason to go) is legal under the private pilot exception. But flying someone somewhere specifically because they asked, and receiving anything of value in return, invokes commercial privileges. If in doubt, hold a commercial certificate.