[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR223.1]



[Page 90-91]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 223_FREE AND REDUCED-RATE TRANSPORTATION--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 223.1  Definitions.









                      Subpart A_General Provisions



Sec.

223.1 Definitions.

223.2 Exemption from section 401 of the Act.

223.3 Mandatory free transportation.

223.4 Transferability of passes.

223.5 Responsibility of agencies.

223.6 Carrier's rules.



                        Subpart B_Domestic Travel



223.11 Free and reduced-rate transportation permitted.



                     Subpart C_International Travel



223.21 Free and reduced-rate transportation authorized by statute or 

          regulation.

223.22 Other persons to whom free and reduced-rate transportation may be 

          furnished.

223.23 Applications for authority to carry other persons.

223.24 Transportation of empty mail bags.

223.25 List of affiliates.



    Authority: Secs. 204, 403, 404, 405(j), 407, 416, Pub. L. 85-726, as 

amended, 72 Stat. 743, 758, 760, 766, 771, 49 U.S.C. 1325, 1373, 1374, 

1375, 1377, 1386, sec. 2 of the Postal Reorganization Act, 84 Stat. 767, 

39 U.S.C. 5007.



    Source: ER-1371, 48 FR 57118, Dec. 28, 1983, unless otherwise noted.







    As used in this part, unless the context otherwise requires:

    An affiliate of a carrier means a person:

    (a) Who controls that carrier, or is controlled by that carrier or 

by another person who controls or is controlled by that carrier; and

    (b) Whose principal business in purpose or in fact is:

    (1) The holding of stock in one or more carriers;

    (2) Transportation by air or the sale of tickets therefor;

    (3) The operation of one or more airports, one or more of which are 

used by that carrier or by another carrier who controls or is controlled 

by that carrier or that is under common control with that carrier by 

another person; or

    (4) Activities related to the transportation by air conducted by 

that carrier or by another carrier that controls or is controlled by 

that carrier or which is under common control with that carrier by 

another person.

    Air carrier means the holder of a certificate of public convenience 

and necessity issued by the Board under section 401 of the Act 

authorizing the carriage of persons.

    Attendant means any person required by a handicapped person in order 

to travel, whether or not that person's services are required while the 

handicapped passenger is in an aircraft.

    Carrier means:

    (a) An air carrier;

    (b) An all-cargo air carrier operating under section 401 or section 

418 of the Act;

    (c) A foreign air carrier;

    (d) An intrastate carrier;

    (e) An air taxi (including a commuter air carrier) operating under 

parts 294 or 298 of this chapter; and

    (f) Any person operating as a common carrier by air, or in the 

carriage of mail by air, or conducting transportation by air, in a 

foreign country.

    Control, as used in this section, means the beneficial ownership of 

more than 40 percent of outstanding capital stock unless, ownership of 

more than 40 percent of outstanding capital stock unless, in a specific 

case, the Board determines under section 408 of the Act that control 

does not exist. Control may be direct or by or through one or more 

intermediate subsidiaries likewise controlled or controlling through 

beneficial ownership of more than 40 percent of outstanding voting 

capital stock.

    Delivery flight means a flight from a point in the United States 

where a carrier has taken delivery of a newly manufactured aircraft to 

any point or points on its route system.

    Foreign air carrier means the holder of a permit issued by the Board 

under section 402 of the Act authorizing the carriage of persons.

    Free transportation means the carriage by an air carrier or foreign 

air carrier of any person or property (other than property owned by that 

carrier) in air transportation without compensation therefor.

    Handicapped passenger means any person who has a physical or mental



[[Page 91]]



impairment (other than drug addiction or alcoholism), that substantially 

limits one or more major life activities.

    Inaugural flight means a flight on an aircraft type being introduced 

by a carrier for the first time on a route, even if that aircraft type 

has been used by that carrier on other routes or on that route by other 

carriers.

    Pass means a written authorization, other than actual ticket stock, 

issued by a carrier for free or reduced-rate transportation of persons 

or property.

    Reduced-rate transportation means the carriage by an air carrier or 

foreign air carrier of any person or property (other than property owned 

by such carrier) in air transportation for a compensation less than that 

specified in the tariffs of that carrier on file with the Board and 

otherwise applicable to such carriage.

    Retired means:

    (a) With respect to carrier directors, officers, and employees, 

persons receiving retirement benefits from any carrier;

    (b) With respect to the general public, persons not regularly 

working at a full-time paying job, and not intending to do so in the 

future.