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Old 26th Apr 2013, 08:59
  #27 (permalink)  
andrewr
 
Join Date: Apr 2008
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Let me see if I have this straight, according to the CARs...

The answer to the original question "where can you fly after passing the GFPT" is "where-ever the instructor permits you to fly".
CAR 5.69 refers to where the instructor may permit you to fly, but that is the instructors problem (and they have no obligation to give permission even if it is included in 5.69 etc.) Before/after GFPT doesn't seem to make a difference for where you can fly.

As for carrying passengers, 5.66 What does a student pilot licence authorise a person to do? doesn't seem to be specific, it appears to be allowed if the instructor gives permission, but:

5.72 (1) says the instructor must not permit a student to fly as PIC with a passenger.
5.72 (3) says it is a defence if the student has passed the GFPT.
I guess you need a lawyer to tell you whether a "defence to a prosecution" is the same as permission. I wouldn't have thought so, but I'm not a lawyer. The general custom seems to be to treat it as permission.

CASA's Flight Crew Licensing Procedures Manual refers to "privileges associated with passing the GFPT - that is, may carry passengers in accordance with CAR 5.72"

Again, I don't know whether legally a "defence to a prosecution" is the same as a privilege. Actually, the defence to prosecution seems to be granted to the instructor, I don't see where any privilege is granted to the student via CAR 5.72.

I have come to the conclusion that the CARs etc. are very confusing, and legal advice would be wise if using them to determine what is and is not allowed.

The reality is that pilots operate mostly on a chinese whispers system, where the supposed regulations are passed from instructor to student. The flock principle means that as long as you are doing the same as everybody else, you are probably safe. For the same reason it may be risky to do something different, even if the CARs seem to permit it.
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