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Old 18th Mar 2002, 15:41
  #19 (permalink)  
Creampuff
 
Join Date: Nov 2000
Location: Salt Lake City Utah
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Question

BIK. .. .The carriage of passengers or cargo. .for hire or reward . .to or from any place . .is charter: CARs 206(1)(b)(i) and 2(7)(b).. .. .People other than operating crew on board an aircraft are passengers: see the definition of “passenger” in CAR 2(1). Parachutists are therefore “passengers” while they are on an aircraft. (Note that even if parachutists are characterised as “cargo”, the carriage of cargo for hire and reward to or from etc is charter.). .. .If the operator or the pilot of the aircraft are paid or receive any other reward (such as free flying hours) for carrying parachutists, passengers are being carried for hire or reward. Please note that the provision says: for hire or reward, not: for hire and reward.. .. .The point where parachutists enter the aircraft is a “place”, and accordingly within the scope of “any place”, from which they are carried. Please note the provision says: to or from any place”, not: to and from any place. . .. .Now have a look at CAR 206(1A)(a) and notice that the carriage of passengers for hire or reward in accordance with CAR 262AM(7) is excluded from the scope of prescribed operations for which an AOC is required. CAR 262AM(7) applies to operations of limited category aircraft for the purpose, among other purposes, of “parachute jumping”. The outcome is that if you conduct parachute jumping operations for hire and reward in a limited category aircraft and satisfy the other conditions of CAR262AM(7), you do not need to hold the AOC that, but for CAR 206(1A), you would have to hold.. .. .The 64K questions BIK: . .. .If all parachute jumping operations are private, why would they need to be excluded under CAR 206(1A) from the prescribed operations for which an AOC is required? . .. .Parachute jumping operations for hire and reward in limited category aircraft are expressly excluded from the scope of prescribed operations for which an AOC is required, provided the other requirements of CAR262AM(7) are met: CAR 206(1A)(a). If parachute jumping operations for hire and reward are conducted in an aircraft other than a limited category aircraft, where is the provision that excludes the operation from the AOC requirement?. .. .[edited to correct formatting error]. . . . <small>[ 18 March 2002, 11:43: Message edited by: Creampuff ]</small>
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