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Old 30th Sep 2008, 09:04
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Torres
 
Join Date: Jan 1999
Location: Queensland
Posts: 2,422
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(7A) An aircraft that carries persons on a flight, otherwise than in accordance with a fixed schedule between terminals, is employed in a private operation if:
(a) public notice of the flight has not been given by any form of public advertisement or announcement; and
(b) the number of persons on the flight, including the operating crew, does not exceed 6; and
(c) no payment is made for the services of the operating crew; and
(d) the persons on the flight, including the operating crew, share equally in the costs of the flight; and
(e) no payment is required for a person on the flight other than a payment under paragraph (d).
I don't think CAR 7A excludes carriage of more than six passengers on a private flight, rather confirms that a flight which complies with (a) to (e) above, is deemed to be a private flight.

I am aware of a number of private individuals, companies (past and present) and Government air wings which operate in the private category (no AOC), with aircraft capacities well in excess of six POB. (Examples being the 12 POB Cessna 208B Caravan and 8 to 10 POB Beech King Air 200, a number of which are owned by individuals and companies and operate in the private category.)
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