Clapton. Hopefully relevant to the Senate Inquiry will be CASA’s parlous mismanagement of the regulatory reform process since 1988 and the ambiguity which appears to exist in current regulations.
CAR 206 1 (c) states:
"the purpose of transporting persons generally, or transporting cargo for persons generally, for hire or reward in accordance with fixed schedules to and from fixed terminals over specific routes with or without intermediate stopping places between terminals."
Nine years ago, CASA audited a number of AOC holders in the Torres Strait, based upon an interpretation of the above regulation by a Brisbane based CASA lawyer. He identified that five components of an operation must exist for a flying operation to be deemed “RPT”:
- Transporting passengers or cargo;
- For hire and reward;
- In accordance with fixed schedules;
- From fixed terminals;
- Over specified routes;
The CASA lawyer’s written definition defined the first three requirements but failed to provide any definitions of the last two “
Fixed Terminals” and “
Specified Routes”. Neither term is defined in any current CASA legislation definitions.
I understand the CASA lawyer’s interpretation was subsequently withdrawn.
I have an aviation barrister’s opinion of the meaning of the two terms. I would be very interested in your opinion of their meaning?