http://www.caa.co.za/press_files/2001/pr0823.pdf
This statement was written in 2001 (I haven't been able to find out if it has been superceded), and the logic applies to Teledyne's Service Information Letter SIL98-9 (current issue is SIL98-9A, but I believe the wording of initial paragraphs remains the same - only the list of engines has been amended).
Worth reading the SA CAA logic from para3.3 onward.
And picking up from wot A+C wrote
In most of continental Europe A public transport C of A is only required for work that requires an AOC, in the UK a public transport C of A is required for anything except srictly private flying.
This means that Flying training (for instance) requires a public transport C of A in the UK But this is not required in the rest of europe.
If this is true then it might strengthen arguments against the CAA interpretation .... so is it really true ... ? If so can an appeal be made to EASA over the heads of CAA for fair and equitable application of the rules ? Would be interested in hard evidence (web links/pdf docs etc..) of any other countries that don't require Flying Club rentals to be classed as Air Transport Ops?
It is interesting to note (para2.5) that NZ require servicing for Air Transport operations ... does anyone know if that includes flying club rentals or instruction ?