CASA at one stage (and may still) define any flight which complied with all four of the following parameters as an RPT flight in accordance with CAR 206 (1) (c) – see Regulation below:
- Transporting persons or cargo generally; and
- For hire or reward; and
- Over specified routes; and
- Between fixed terminals.
When questioned, the little genius from CASA Cairns informed me a “specified route” was a flight subject to a Flight Plan over a pre defined route; and “fixed terminals” was a defined airport. He couldn’t understand that most charter flights also fitted into the same four parameters!
In the context of the ANR’s (from which CAR206 was taken almost word for word), a “specified route” was an approved airline route shown on IFR charts, over which a charter operator may operate only once in 28 days (later 8 hour/4 hour rule).
A “fixed terminal” was defined in legislation as a dedicated, declared airline terminal at a Commonwealth owned airport.
It took 66 days and $300,000 lost, but the AAT eventually required CASA to reinstate the AOC!
Twenty one years and much of our our civil aviation legislation is nothing more than ill defined, irrelevent mumbo jumbo, the legacy of far too many years of incompetant Ministers for Transport and CASA Directors.
CIVIL AVIATION REGULATIONS 1988 - REG 206
Commercial purposes (Act, s 27 (9))
(1) For the purposes of subsection 27 (9) of the Act, the following commercial purposes are prescribed:
(a) aerial work purposes, being purposes of the following kinds (except when carried out by means of a UAV):
(i) aerial surveying;
(ii) aerial spotting;
(iii) agricultural operations;
(iv) aerial photography;
(v) advertising;
(vi) flying training, other than conversion training or training carried out under an experimental certificate issued under regulation 21.195A of CASR or under a permission to fly in force under subregulation 317 (1);
(vii) ambulance functions;
(viii) carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminals);
(ix) any other purpose that is substantially similar to any of those specified in subparagraphs (i) to (vii) (inclusive);
(b) charter purposes, being purposes of the following kinds:
(i) the carriage of passengers or cargo for hire or reward to or from any place, other than carriage in accordance with fixed schedules to and from fixed terminals or carriage for an operation mentioned in subregulation 262AM (7) or under a permission to fly in force under subregulation 317 (1);
(ii) the carriage, in accordance with fixed schedules to and from fixed terminals, of passengers or cargo or passengers and cargo in circumstances in which the accommodation in the aircraft is not available for use by persons generally;
(c) 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.
(1A) However, the commercial purposes prescribed by subregulation (1) do not include:
(a) carrying passengers for hire or reward in accordance with subregulation 262AM (7); or
(b) carrying out an activity under paragraph 262AM (2) (g) or 262AP (2) (d).
(2) In this regulation:
"aircraft endorsement" has the same meaning as in regulation 5.01.
"conversion training" means flying training for the purpose of qualifying for the issue of an aircraft endorsement.
CAR206 (1) (viii) is the Reg CASA use to catch out the private pilot mechanic, Vet or photographer who carries his tools of trade as pilot on a private flight. Use of an aircraft in conduct of your business is Aerial Work, requiring an AOC and CPL.