Carrying passengers after GFPT
Another thought comes to mind about CAR 5.72 - what is the liability for the instructor if an accident occurred?
CAR 5.72 (1) says they must not permit a student to fly as PIC with a passenger.
What is the consequence of giving that permission if an accident occurs? 5.72 (3) gives a defence to a prosecution - but what about e.g. a civil case?
What is the insurance attitude to not operating in accordance to the CARs?
It would probably be argued that 5.72(3) means it IS in accordance with the CARs, but if you are operating in accordance to the CARs why do you need a defence to a prosecution? Operating in accordance to the CARs should be a defence in itself. And 5.72(3) doesn't appear to override 5.72(1), it just gives a defence if you ignore it.
Again I think a lawyer is needed to interpret the legal meanings of the sections and their relationships.