What Makes An Airline Legally An Airline?

[Boomerang_Butt]

Forgive the 'silly' question, but I'm trying to find out:

To be an airline, must a company hold a high-capacity AOC for RPT operations, or is there more to it than that?

For example, if you had a Gulfstream/Learjet/Challenger/s which was/were used as a private jet (either for charter, or owned by a group), would that be not classed as an airline operation because the aircraft is not doing RPT work?

Or does it depend on the parent company and what certificates they hold? Basically, I'm trying to figure out a clause in my contract and would like to know, if there is a basic way to determine if a company is NOT an airline, and with regard to a specific company, anywhere that I can look this information up?

Sorry I can't be more detailed, or if I haven't explained well enough, but I can't say any more without giving away info I can't give away here ;)

[Horatio Leafblower]

I reckon you need
a) an AOC authorising RPT; and
b) probably be a member of IATA, with a IATA airline code and a spot in a res system like Sabre (or whatever the modern equivalent is).

Hope that helps :confused:

[Icarus53]

I would think you can call any company you like "airline". It's just another word included in a business name. The fact that "airline" within pilot circles usually refers to RPT type operations is not significant or legally binding. If I were to buy a 172 could I not register my company as "Icarus Airlines Pty Ltd"?

It appears you are researching a contract type issue, rather than a regulatory issue? If so, then the AOC has no bearing - it just stipulates what operations can be conducted. From a regulatory standpoint, the company is either RPT or it isn't. From a contractual standpoint, I would say they are an "airline" if they choose to call themselves an airline in the contract.

[neville_nobody]

I agree with Icarus I don't think there is any legal standing in the name airline. The legal options for what you do are either, Low Capacity/High Capacity RPT and/or Charter. Australia doesn't have all the Part 135/121 etc so those with GV's have to get a charter AOC. I think CASA puts a bit of pressure on you if you don't. Another reason why they need to sort out the CAR's:rolleyes:

[mic310]

No of a company in the Norwest call themselves an airline with C206's and C208's. Call it what you want!

[tio540]

Strictly speaking an airline would operate in accordance with the following.

CAR 1988, Paragraph 206

(c) the purpose of transporting persons generally, or transporting
cargo for persons generally, for hire or reward in accordance with
fixed schedules to and from fixed terminals over specific routes
with or without intermediate stopping places between terminals.

and hold the appropriate AOC as mentioned.

[flog]

If you try and call the Quen Mary 2 a "cruise ship" the Captin will make you walk the plank while explaining that an "Ocean Liner" is something that travels the worlds oceans while a cruise ship just goes from regular port to regular port.

It's more in the vibe that anything legal.

For a parctical trial, try registering a business name with each of the following words and see how far you get My guess is the first one will work, the others - someone might have something to say to you:

Airline
Bank
University
Hospital.

[Mr. Hat]

In Australia if their name is qantas, virgin blue or jetstar.

[Torres]

The Dictionary defines "airline" as:

1. Aeronautics.
a. a system furnishing air transport, usually scheduled, between specified points.
b. the airplanes, airports, etc., of such a system.
c. Often, airlines. a company that owns or operates such a system.

I am not aware of any CASA legislation which uses or defines the term "airline", therefore the dictionary definition wins in interpreting your contract!

The CASA definition of an operation you may term "airline" is contained within CAR 206 (1) (c), as tio540 pointed out, and does not use the term "airline".

The dictionary definition uses the term "usually scheduled" which tends to indicate the term "airline" is not particularly restricted to scheduled air services, as in the European use of "charter airline".

[Torres]

Overnight I received a PM from one whose knowledge of civil aviation legislation I respect, pointing our there is a definition of "airline" in the regulations.

A check of the Civil Aviation Regulations 1988, page 4, reveals:

airline means the operator of a regular public transport service.

Very interesting.... That definition is applied to the term operator only and not the actual operation of conducting scheduled air services, which it may be inferred I guess from the above definition, are "regular public transport services", not "airline services".

A search of the CARs reveals the word "airline" is only used in CAR 132 "Statistical Returns" and in the context of "Airline Transport Pilot License" only - not in the context of CAR206, a meaningless mumbo jumbo ramble which purports to define an RPT or airline operation.

Which is about on par with what one expects in CASA legislation and regulations.

I have no idea whether the CAR definition or dictionary definition would prevail when interpreting a civil contract.

[flog]

One point to note in this is that CASA are not responsible for either the registration or naming compliance of companies in Australia, that belongs to the Australian Securities and Investment Commission (www.asic.gov.au).

[triton140]

For a parctical trial, try registering a business name with each of the following words and see how far you get

Yep - airline is OK in a company name, bank or university are not. Also, this curious bit:

(e) in the context in which it is proposed to be used, suggests a connection with:
(i) a member of the Royal Family; or
(ii) the receipt of Royal patronage; or
(iii) an ex-servicemen’s organisation; or
(iv) Sir Donald Bradman;

It's all here (http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/SCHEDULE6_Availability_of_Names.pdf/$file/SCHEDULE6_Availability_of_Names.pdf).

Apologies for the thread drift ..:=