Originally Posted by
andrewr
CAR 206 is messy because people seem to interpret it as meaning what they think it should mean rather than what it actually says.
Reading CAR 206 I can see:
- Only 2 of the sections mention payment: (1)(b)(i) the carriage of passengers or cargo for hire or reward and (1)(c) transporting persons generally, or transporting cargo for persons generally, for hire or reward. Presumably other sections require an AOC whether or not they are being performed for money.
- There is nothing that refers to the number of passengers
Aerial photography does not mention payment. My interpretation would be that it depends on the purpose of the flight - if you are flying for pleasure or recreation and take photos or video that is OK. If the purpose of the flight is to take photos or video, that should require an AOC.
You have fallen foul of the common problem of reading a reg in isolation - greater definition of classification of operations is provided in CAR 2 (7)(D), where you will see that which specifically states "(a) an aircraft that is flying or operating for
a commercial purpose referred to in paragraph 206(1)(a) shall be taken to be employed in aerial work operations;" From the definitions
commercial operations means civil air operations
other than private operations.
Going back to CAR 2(7)(D) private operations are classified as an aircraft that is flying or operating for the purpose of, or in the course of:
(i) the personal transportation of the owner of the aircraft;
(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;
(iii) agricultural operations on land owned and occupied by the owner of the aircraft;
(iv)
aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;
(v) the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft;
(va) the carriage of persons in accordance with
subregulation (7A);
(vi) the carriage of goods otherwise than for the purposes of trade;
(vii) flight training, other than the following:
(A) Part 141 flight training (within the meaning of regulation 141.015 of CASR);
(B) Part 142 flight training (within the meaning of regulation 142.015 of CASR);
(C) balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating; or
(viii) any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations
Thus a flight can be conducted for the purposes of aerial photography as long as no remuneration is earned by the pilot etc.
Subreg 7A contains the requirements for passenger carrying private flight flights and limits passenger numbers to 6 and requires cost sharing - just for kicks there is NO provision for carrying pax WITHOUT cost sharing - except (viii) where this could be taken to be similar to (va).