Since its opening brief, Flytenow maintained that common carriage was a common law term. The FAA introduced a distinction between common law and their own inter

Since its opening brief, Flytenow maintained that common carriage was a common law term. The FAA introduced a distinction between common law and their own interpretation of common carriage, to which Flytenow responded to in its Reply. In any event, the FARs are dispositive on the issue: "Where it is doubtful that an operation is for “compensation or hire”, the test applied is whether the carriage by air is merely incidental to the person's other business or is, in itself, a major enterprise for profit." See definition of commercial operator, http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=14:1.0.1.1.1.0.1.1 http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=14:1.0.1....