Originally Posted by
neville_nobody
The issue revolves around what constitutes goods for the purposes of trade. Interestingly services are not included in the CAR, only goods.
That is one clue that this is not intended to cover tools of trade.
What constitutes goods for the purposes of trade?
1) I would argue that "goods for the purposes of trade" is different to "goods for the purposes of working a trade".
2) maybe it's worth looking at a dictionary definition of goods. Examples:
- possessions and personal property
- articles of commerce, merchandise
- merchandise when transported
- freight
- things that are made to be sold
Again, I would argue that the qualifier "for the purposes of trade" points to the intended meaning of merchandise, things that are made to be sold etc. rather than the more general possessions and personal property definition
3) "goods for the purposes of trade" is only part of the rule. CAR 206 is a definition for section 27 of the Act, section 27 says "the flying or operation of an aircraft for such purposes are a prescribed". So it only applies
if the purpose of flying the aircraft (or one of the purposes) is for the carriage of goods for the purposes of trade. I would argue that in the case of the mechanic the purpose of flying the aircraft was to transport a person (the mechanic), or maintenance and repair of equipment, and carriage of any tools of trade or spare parts that he might charge for was incidental - they are not a purpose on their own.
My view is that the prescription of "carriage of goods for the purposes of trade" is to prevent you from setting up an airfreight business where you buy goods, transport them in your own aircraft then sell them, as a private operation. It is not intended to stop someone using an aircraft as their own transport to get to work.
Here's a thought exercise:
You are a commercial pilot, and have been working in the outback. You just left the job for a new job in Melbourne that lets you be closer to family. The new job starts in a month, in the meantime you are having some time off.
Your old boss calls you. Roads are closed due to rain, they are getting slammed with tourists needing transport, and half their pilots have the flu and are unfit to fly. Could you hire an aircraft, fly out and work for him again for a week? He will pay you for transport costs and time, and short term contract rates. You agree, the money sounds good and relaxing is more boring than you thought it would be.
A (good!) mate says why don't you take my RV7, I won't be able to fly it for a month and it needs a run.
Are you allowed to carry your tools of trade as a pilot with you in the RV? Every pilot would say "of course" and be outraged at the suggestion it might not be allowed, but change it from a pilot to a mechanic and suddenly it's not allowed.
Another thought exercise:
Another pilot from the operation rings you and says "I need a new headset - would you mind buying one for me and bringing it out with you? I'll pay you for it when you get here." Are you allowed to do it?