My information is direct from the Melbourne office of Flight Operations. This BS needs to stop! Ring them yourself! Bookmark the ComLaw site, download the PDF into your phone and have a hard copy, if you can, placed in the front of your Flight Manual.
GA PVT under 5700KG is exempt from CAR232 under EX38/2004!
The problem isn't so much whether the provisions of the CAR apply or whether there is an exemption, or who is defined as an operator, or even if there is an AFM to refer to; it's the source of the confusion.
Why is the CAR written in the negative instead of imposing a positive obligation? Why doesn't it use plain English? Why didn't it deal with the situation for aircraft under 5700 kg instead of another exemption of doubtful currency? What makes CASA a more learned authority than the worlds biggest manufacturer of GA SE aircraft or a small one for that matter? Why has all sense and reason flown out the window?
The answer is surely in the management, or lack thereof, commencing with successive Ministers and a long list of Directors whose experiences in the real world are limited or forgotten.
Write to your Members folks and keep telling them "no more!"
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Kaz