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Old 27th May 2021, 04:46
  #15 (permalink)  
Join Date: Jan 2009
Location: Cab of a Freight Train
Age: 38
Posts: 824
Originally Posted by mcoates View Post
as you know we operate under an exemption to the civil aviation order and regulations of 1998 and as amended thereafter. The exemption is known as 95.55 and this allows recreational aircraft to operate under this exemption.

It is very clear from the start, 1.1 that "this order applies to a single-place or a 2 Place aeroplane, other than a weight shift controlled aeroplane or a powered parachute."

That's it, if it is registered with the RA-Aus, it is not a weight shift controlled aeroplane or a powered parachute then the exemptions permitted which allow it to fly only apply to a single place or a 2 Place aeroplane.

This is straight from the legislation.

there is a section on interpretations of the order which give explanations about different things and it does not include anything to do with people because it is already identified are not subject to interpretation when you refer to section 1.1

It also refers you under regulation 200.025 of CASR paragraph 20AB (1) (a) saying that you must also operate under "the sport aviation bodies operations manual"

This also As a limit of 2 seats which therefore means 2 people maximum
Two seat's does not mean two people... You can carry an infant on your lap - sans seatbelt too - and you can legally have 2 kids share a seat if they're not over 77Kg - which is how you can get 5 people into a 172. The interesting thing about the relevant CAO, being CAO20.16.3, is it says 2 seaters can have 1 excess passenger - and it applies to all Australian registered aircraft. Not just those used for hire or reward.

While RAAus ops are exempted from pretty much all the CASR's, there's only a handful of the CAR's that they're exempt from, however, they are not exempt from complying with the CAO's, so CAO20.16.3 would apply.

If anyone can show me the RAAus Ops Manual chapter that says you must only carry one passenger, I'll happily admit I'm wrong. But I'm pretty sure you won't...
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