View Full Version : Is J star Contravening CAR 210?
Mickster
27th Feb 2004, 20:41
Correct me if I'm wrong, but is J star advertising seats on flights out of Avalon. If so, doesn't this contravene CAR 210 as Avalon does not appear on their AOC! Or have I misinterpreted the Regs.
This goes out to the Regulation boffins.
Do you have current AOC ?
Just read their AOC, and yes it does not list Avalon.
They could just declare all flights to Avalon as charters, then it is okay. ;) :ok:
Torres
28th Feb 2004, 03:35
CIVIL AVIATION REGULATIONS 1988 - REG 210
Restriction of advertising of commercial operations
(1) A person must not give a public notice, by newspaper advertisement, broadcast statement or any other means of public announcement, to the effect that a person is willing to undertake by use of an Australian aircraft any commercial operations if the last-mentioned person has not obtained an Air Operator's Certificate authorising the conduct of those operations.
Penalty: 10 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Are Jet Star using the Impulse AOC? If so, and Avalon is not on the AOC, according to CAR 210 "...authorising the conduct of those operations." they could be liable for an offence of strict liability.
lame, it would not be OK if the individual seats were being sold by Jetstar or Qantas.
Kaptin M
28th Feb 2004, 05:52
From memory, there is a limitation on the number of charter flights that can be operated between the same departure and destination, in any one month.
If not already approved, then I'm sure QANTAS Lite will already have this in the pipeline, or will be allowed a dispensation.
I am sure that they will find a way of bending the regulations, IF necessary. :rolleyes:
Maybe they will operate the flights on the Qantas AOC? ;)
I have been told by CASA while away from Australia even, more than once, that something or other CANNOT be done. :{
One little phone call to the Airline's Melbourne Head Office, and suddenly it IS possible. :ok:
Considering the commercial value involved in the Avalon deal I am not surprised if its not on the AOC thats on the internet.
If I was Jetstar I would put it on the AOC late so not to tip the hand, you think only pprune readers look at the CASA AOC web site
Considering who is involved in Avalon, maybe it is on the Tesna AOC. :E
Watchdog
29th Feb 2004, 04:27
Kaptin M,
The limited flights a month reg. went out many years ago.
Under the same definition of scheduled services, Bank runs/freight runs could actually be considered "scheduled services" too, however as it is not available for the public generally, remains classified as charter.
Some companies used to, and probably still do, operate a 'scheduled service' carrying passengers but all bookings are made through a travel agent (which the company owns) and the travel agent 'charters' the company, therefore an RPT AOC not required. CASA cant (officially) do anything about it. ...... loopholes...;)
Watchdog,
Incorrect, some state goverments still regulate as they are allowed to do like this.
Pimp Daddy
29th Feb 2004, 14:00
Correct me if I'm wrong, but is J star advertising seats on flights out of Avalon. If so, doesn't this contravene CAR 210 as Avalon does not appear on their AOC! Or have I misinterpreted the Regs.
Ph 131 757 & dob 'em in :ok:
Animalclub
29th Feb 2004, 22:04
Why dob them in. An old management adage... "Don't tell me how we can't do it tell me how we CAN do it"
Mickster
1st Mar 2004, 11:58
Pimp Daddy
You may be right, but I was kinda hoping someone from Jstar or CASA would do their job, by knowing the regs. :rolleyes:
I can understand that, as SWH implied, the latest AOC may not have been updated on the web. If so, then this post is irrelevant.
Fairness across the industry and a level paying field. Is this too much to ask?
Still no YMAV on the AOC on the CASA web site (13 Jan last one) anyone know any further ..... care to share
:ooh:
Dehavillanddriver
26th Mar 2004, 12:20
In practical terms the airport doesn't need to be on the AOC for the airline to advertise the route.
The way CASA operates is that they (often) do a surveillance of facilities just prior to the launch flight and or make the operator do a route proving flight PRIOR to adding the airport to the AOC.
In many cases CASA will ride along on the first revenue service, which means that the port is added to the AOC prior to the commencement of operations.
It is commonplace to advertise without the airport on the AOC.