Clarification of CAR 206

[U2]

I have a question in regard to private and aerial work clasification.

You will need to refer to CAR 206 (1) (a) viii; and CAR (1988) 2 - interpretation (7) v.

In brief a private operation can be described as

(v) the carriage of persons or the carriage of goods without a charge for the carriage being made other than the carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft.

.....

Aerial work as

206 (1) (a) viii carriage, for the purposes of trade, of goods being the property of the pilot, the owner or the hirer of the aircraft (not being a carriage of goods in accordance with fixed schedules to and from fixed terminal)

Does the "other than" in par. (v) mean "exclusive of" or "with the exception of"

What definition does the following come under????

In the case of a sole trader operating as a retailer. Buying and selling goods for sale, while utilising an aircraft for the transport of those goods. The aircraft being either owned or hired.

If you think it is aerial work, then does this require an AOC, operations manual, chief pilot, etc?


U2

[EngineOut]

Definately YES, it is AWK, you do need an AOC, ops manuals Chief Pilot etc, as you are carrying those goods for the purposes of trade (ie buying or selling them).

Eg. If Joe Bloggs (as a sole trader) stored stuff in one place, but bought or sold it in another and transported those goods in his own aircraft, it is a commercial operation under the AWK category.

If Joe bloggs moved his own personal items from say A to B (say from his home to his holiday house (ie no trade)) in his own aircraft, it is a PVT operation.

Hope that helps

[U2]

Thanks for your post engineout.

What I don't understand is that this case doesn't seem to be different to retailers who use road transport. These people don't have to go through all this regulatory crap just do business.

U2

[Hydrolix]

Neither do RPT buses and trains

[U2]

So my question is to anyone... why the double standard? Why does aviation have to be different to other forms of transport?

Are the rules in the USA the same in regards to this topic?

[Torres]

Whilst we are on the subject of CAR 206, anyone care to advance a theory as to the legal interpretation of "Specific route" and "fixed terminal"?:confused: :confused:

[U2]

Another question in regards to trading.

What is the difference between transporting private goods and reseliing them privately (kitchen sink, antique table) and selling goods? i.e What is the different in definition between trading and private sale. Would trading have to be done under a registered business. Is the definition of trading related to business law and taxation law.



For instance, capital gains tax applies to businesses but not to private asset accumulation. As does the GST.

An example of what I am talking about would be where a car saleman purchases a car for private use, transports to another location (home, farm) and then resells it 6 months later.


I just read an article in A.A August, where CASA CEO has invited the Aerial AG. Assoc. AUS. to make proposals for self-administration. The reason being to remove CASA resources from regulating the safety of operations that don't affect third parties.

I would like to see this move over to aerial work operation in the future if it is successful.

Isn't the main purpose of regulation to protect the consumer and traveling public. Well the answer to this should be yes! In the real world this is not always the case.

The aviation community can benefit (and so could casa), by focusing regulation on protecting the fare-paying passengers and the general public.

Back to my initial post; How can we assist in the de-regulation of aerial work in order to promote safety to the public without infringing on people common rights to conduct business. How can we align general aviation to those standards applied to road transport?

One would think that because more accidents occur on the road in private road transport that this area should be more regulated by the DOT rather than in the sky where traffic and pedestrian accidents are indeed rare!!


U2