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.<p>In any event, the FARs are dispositive on the issue: &quot;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&#x27;s other business or is, in itself, a major enterprise for profit.&quot; See definition of commercial operator, <a href="http:&#x2F;&#x2F;www.ecfr.gov&#x2F;cgi-bin&#x2F;text-idx?rgn=div8&amp;node=14:1.0.1.1.1.0.1.1" rel="nofollow">http:&#x2F;&#x2F;www.ecfr.gov&#x2F;cgi-bin&#x2F;text-idx?rgn=div8&amp;node=14:1.0.1....</a>