Originally Posted by
andrewr
OK, but I don't see where Section 27 pulls in the definition of private operations from CAR 2(7). CAR 206 defines operations for section 27. CAR2(7) also refers to definitions from CAR 206, so if CAR2(7) is used for definitions for CAR 206 it becomes circular.
By your reasoning,
flying or operating for the purpose of, or in the course of (i) the personal transportation of the owner of the aircraft
also never requires an AOC, so I can purchase an aircraft, employ a PPL to fly me to Sydney for a meeting every week, then take out advertisements and sell the extra seats for $500 each to the general public, or charge to carry freight.
CAR 2(7)(D)(i) would also trump all the arguments about whether you can carry tools of trade etc as long as you own the aircraft.
CAR2 is applicable to all regs as it provides the definitions for the entire CAR: From CAR 2 preamble "In these Regulations, unless the contrary intention appears......."
With regards to your scenario you are correct up until "then take out advertisements and sell the extra seats for $500 each to the general public, or charge to carry freight" this would be "flying in the course of earning 500 buck from fee paying passengers/freight" because you may only carry person (other than the owner of the aircraft) in accordance with CAR 2(7A) which requires that you do not advertise.
So you can:
Fly a dead leg to pick pick up the owner of the aircraft
(2(7)(D)(i))
Fly back with the owner on board (2(7)(d)(i)
Fly with any number of other people (friends/family) on board as long the flight is not generally advertised and no one is paying for their seat(2(7)(D)(v))
Fly with up to six people on board sharing the cost CAR 2 (7A)