Originally Posted by yr right
No it can't. It must have an EO pus or an mel for it to fly even if it's not operating in charter. The aircraft must be maintain to the highest standard on the lbs. It may operate in a lower cat with only if that is met.
If you wish to fly it then the lbs must be changed and taken out of charter cat and be re submitted to casa.
Right now, CAO 20.18.10 is being used as justification to prevent the aircraft from flying. We've established that there is no legal basis for this.
However, you're now saying there are other regulations that prevent a charter category aircraft from flying with an unserviceability. Do you have a reference?
With the Comlaw site down, it makes it harder to search (I don't have physical copies of all the regs), so perhaps you could point me in the right direction.
Also, what happens if you are flying to the outback and an instrument or piece of equipment becomes unservicable?
What you are saying would make other CAO's redundant. To wit:
CAO 20.18.4
4.1A Subject to paragraphs 4.1B and 4.1C, an aeroplane engaged
(b) in charter operations;
must not be operated under the Instrument Flight Rules unless it is equipped with a serviceable automatic pilot approved by CASA that has the following capabilities:
4.1C If the automatic pilot fitted to an aeroplane engaged:
(a) in charter operations;
loses a capability referred to in paragraph 4.1A, the aeroplane may, if the pilot is satisfied that it is safe to do so, be operated under the Instrument Flight Rules by a single pilot at any time within the period of 3 days commencing on the day on which the automatic pilot loses the capability.
Why the provision for 3 days to fix the problem if what you state is correct and the logbooks have to be resubmitted right there and then?