Any thoughts on the scenarios I set out earlier?
I thought they were cleverly designed to illustrate that some operations were private but required an AOC.
A couple of things to remember:
- You don't have to satisfy ALL criteria in CAR 2(7)(d), just one of them.
- The requirement for an AOC applies to the operation (therefore presumably the operator) not the pilot.
As I said earlier I think many people, including CASA, may be using 2(7) instead of CAR 206 for the AOC requirement so this is my interpretation of what the regulations actually say, not necessarily how CASA will interpret them.
Bob owns a Cessna Caravan. He pays you $1,000 per day to fly him and his family around Australia. Do you have to hold a CPL to be PIC of the aircraft while engaged in that operation, and does that operation have to be authorised by an AOC?
Personal transportation of the owner of the aircraft, therefore can be performed under the privileges of a PPL. The operator is not offering the aircraft for hire, so no AOC.
Bob's neighbour decides he'd like to take himself and his family on the same round Australia tour, and pay you $1,000 to do be PIC of Bob's aircraft. Do you have to hold a CPL to be PIC of the aircraft while engaged in that operation, and does that operation have to be authorised by an AOC?
Not the owner of the aircraft and a charge being made, so not a private operation. Appears to be carriage of passengers for hire or reward, so an AOC would be required.
Bob also owns a cattle farm and a Cessna 172. He pays you $1,000 a day to muster cattle on Bob's farm, using Bob's Cessna 172. Do you have to hold a CPL to be PIC of the aircraft while engaged in that operation, and does that operation have to be authorised by an AOC?
An agricultural operation, so it appears an AOC is required (CAR 206 (1)(a)(iii). "agricultural operations on land owned and occupied by the owner of the aircraft" (CAR 2(7)(d)(iii)) so it can be done using the privileges of a PPL.
Bob's neighbour would like to pay you to do some cattle mustering on the neighbour's property in Bob's Cessna 172. Bob's neighbour will pay you $1,000. Do you have to hold a CPL to be PIC of the aircraft while engaged in that operation, and does that operation have to be authorised by an AOC?
Agricultural operation, so yes to AOC. Not on the aircraft owner's land, so not a private operation.
Bob also owns a Cessna 185. He charges tourists $1,000 per head for sightseeing flights over Brisbane, and pays you to fly the aircraft. Do you have to hold a CPL to be PIC of the aircraft while engaged in that operation, and does that operation have to be authorised by an AOC?
Yes and Yes, carriage of passengers for hire.
Would your answer be different if the only passengers were Bob and his family?
Then it would be transportation of the owner, and not for hire so no AOC, PPL.
Bob then decides that he will sell tickets only to tourists (other than members of his family) who will jump out half way through the flight, strapped to an expert in tandem parachute jumps. Does that turn the operation into one that does not have to be authorised by an AOC or piloted by CPLs?
I would say yes it requires an AOC (CAR 206 (b)(i)), carriage of passengers for hire or reward from a place and also requires a CPL.
I am aware that CASA may view things differently in many of these cases, however I think they are wrong according to the regulations.
That doesn't really matter, unless you are prepared to argue it in court.