Originally Posted by
Squawk7700
The CAO’s are irrelevant in this instance, because Raaus aircraft are not considered Australian Registered Aircraft, therefore the extra passenger is not permitted.
I keep seeing this written, but have yet to see a reference as to why people believe it to be the case, so I went digging futher...From what I can tell, there is no definition of "Australian Registered Aircraft" to be found in the CAA or CAR's, however, the following appear:
From CAR(2) using "Register" as a search term:
"foreign aircraft " means an aircraft registered:
(a) in a Contracting State or in a foreign country other than a Contracting State; or
(b) under a joint registration plan or an international registration plan.
"military aircraft " means aircraft of any part of the Defence Force (including any aircraft that is being constructed for any part of the Defence Force), other than any aircraft that is registered under these Regulations as an Australian aircraft.
"power-assisted sailplane " means an aircraft that The Gliding Federation of Australia Incorporated has registered as a power-assisted sailplane.
From CAA(3)
"aircraft" means any machine or craft that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface.
"Australian aircraft" means:
(a) aircraft registered in Australia; and
(b) aircraft in Australian territory, other than foreign registered aircraft and state aircraft.
Note: Some references to Australian aircraft may be affected by the operation of section 4A.
<My note: The "registered" above hyperlinks to the below definition>
From CAA(30DS)
"register" means the register kept under section 30EG.
From CAA(30EG)
CASA must maintain a demerit points register
(1) CASA must maintain a register that records details necessary for, or directly relevant to, the administration of this Division.
(2) CASA must, if it becomes aware of it, correct any mistake, error or omission in the register.
(3) The regulations may provide for other matters in relation to the keeping of the register.
My understanding of the above is RAAus aircraft are deemed "Australian Aircraft", however the definition of "Register" in the Civil Aviation Act refers to CAA930EG), which deals CASA's demerit points system only, as the "administration of this Division" in turn refers exclusively to "this division", or "Division 2" which handles AOC's. I have yet to come across another definition of "Register" in the CAA or CAR. Anyone else able to find one?
As an aside - how bloody ludicrous is it that we have to go to this level of detail to work out if an aircraft with numbers on its' side is actually an "Australian Registered Aircraft"...