You don't seem to understand very much at all Blackhand.
The regulations are not written "in plain English".
The regulations do not "mean what they say".
This AAT decision demonstrates how one or more CASA staff perverted the meaning of the word "generally" in one of many perverse and badly written regulations to cause misery and expense to a number of operators. Anyone like to work out how much this has cost the industry?
Caper Pty Ltd T/a Direct Air Charter and Civil Aviation Safety Authority [2011] AATA 181 (21 March 2011)
CASA contended that Caper, contrary to its AOC, was conducting RPT operations between Darwin and Bathurst Island. CASA claimed that Caper's operation did not fall within the description of charter operations in either CAR 206(1)(b)(i) or (ii). That was because those operations were in accordance with fixed schedules, to and from fixed terminals, for the purpose of transporting persons or cargo generally.
Although I have found that Caper operated between Darwin and Bathurst Island in accordance with fixed schedules, to and from fixed terminals, that operation does not fall under the definition of RPT. That is because the accommodation on Caper's aircraft in that operation is not available for use by persons generally. In my opinion, reading the adverbial clause in CAR 206(1)(b)(ii) in accordance with its grammatical construction makes it clear that the word generally qualifies the adjective available and not the noun persons. In other words, an operation is a charter operation where accommodation in the aircraft is not generally available for use by persons. The adverb, generally, cannot qualify or modify the noun persons. Unfortunately, it appears that this is the way in which the expression has been understood by CASA. It has resulted in attempts to distinguish charter from RPT on a basis which makes no sense and is not related to the safety of air navigation. In my opinion, the correct way in which CAR 206 should be understood will alleviate those problems.
I have also briefly examined the validity of CAR 206(1)(b) in general. I have found that because that regulation is merely concerned with definitions, it has been lawfully made under s 98 of the Act. Unlike the earlier Air Navigation Regulations dealing with the licensing of air operations, following the commencement of the 1988 Act, s 28 is where CASA derives its power to control the commercial operations of AOC holders. Those matters are no longer dealt with under the regulations.
I find that the decision made by CASA on 7 September 2010 to cancel one of the authorisations contained in Caper's AOC in respect of its operations between Darwin and Bathurst Island for the purpose of conducting the Tiwi Islands tours was incorrect. I set aside that decision and instead determine that the conditions on Caper's AOC should remain unaltered. Caper should be permitted to continue with its charter operations between Darwin and Bathurst Island.
........And of course the good member Fice, cannot rule on whether this was malicious or just stupidity.