CPL question, requirements for an AOC
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It doesn't have to satisfy ALL the items in 2(7)(d) to be private, it can be any one of them.
So you don't have to satisfy (7A), if you fall into one of the other categories. All (7A) does is define the circumstances in which you CAN charge passengers a fee and still be a private operation.
So you don't have to satisfy (7A), if you fall into one of the other categories. All (7A) does is define the circumstances in which you CAN charge passengers a fee and still be a private operation.
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CAR 2(7) refers to CAR 206 so if it modifies 206 it gets a bit circular. However, the requirement for an AOC is in the Act not the Regulations, and doesn't refer to commercial operations at all - only "such purposes as are prescribed". CAR 206 prescribes the purposes.
Also refer to CASA Ruling 3/2004, it is possible for an operation to fall into e.g. both airwork and charter.
"An operation classified for more than 1 of the purposes in CAR 206 must comply with the requirements applicable to both classifications"
If it is both airwork and chharter it also falls under more than one definition in CAR 2(7) so these definitions are not exclusive.
CAR 2(7) is a definition, so you need to refer to the sections of the regulations that use the words "aerial work operations", "charter operations", "regular public transport operations" and "private operations" to see where it applies.
If a regulation says "the holder of a PPL must not fly an aircraft in aerial work operations, charter operations or regular public transport operations" I look at those 3 definitions to understand what a PPL cannot do.
If a regulation says "the holder of a PPL may fly an aircraft if it is engaged in a private operation" I look at the definition for a private operation. The aerial work, charter and regular public transport definitions are not relevant to that regulation.
Also refer to CASA Ruling 3/2004, it is possible for an operation to fall into e.g. both airwork and charter.
"An operation classified for more than 1 of the purposes in CAR 206 must comply with the requirements applicable to both classifications"
If it is both airwork and chharter it also falls under more than one definition in CAR 2(7) so these definitions are not exclusive.
CAR 2(7) is a definition, so you need to refer to the sections of the regulations that use the words "aerial work operations", "charter operations", "regular public transport operations" and "private operations" to see where it applies.
If a regulation says "the holder of a PPL must not fly an aircraft in aerial work operations, charter operations or regular public transport operations" I look at those 3 definitions to understand what a PPL cannot do.
If a regulation says "the holder of a PPL may fly an aircraft if it is engaged in a private operation" I look at the definition for a private operation. The aerial work, charter and regular public transport definitions are not relevant to that regulation.
Folks,
Cast your minds back a few years, a now long departed Assistant DAS actually came up with a wonderful idea for a "Private Operations AOC", including legislative drafting guidelines, and it is an example of how hard it is to kill a really bad idea. It almost eliminated private flying as we (and ICAO/rest of the civilised world) knows it.
The poor sods trying to operate "Warbirds Adventure Flights" now have an AOC in all but name, with that complete bugaboo, an "Operations manual" replete with all the personal foibles demanded by whoever "approves" it??
Tootle pip!!
Cast your minds back a few years, a now long departed Assistant DAS actually came up with a wonderful idea for a "Private Operations AOC", including legislative drafting guidelines, and it is an example of how hard it is to kill a really bad idea. It almost eliminated private flying as we (and ICAO/rest of the civilised world) knows it.
The poor sods trying to operate "Warbirds Adventure Flights" now have an AOC in all but name, with that complete bugaboo, an "Operations manual" replete with all the personal foibles demanded by whoever "approves" it??
Tootle pip!!
Of course, I should know better, I will suitably admonish myself !!
Tootle pip!!
PS: Came across a beauty last week, " Approved approvals" ?? My brain immediately asked itself ( as a good Goon Show fan naturally would) what in blazes could an "unapproved approval" be??
Apparently it meant that a "Application for approval" had, indeed, been approved ---- I just couldn't help myself, I asked if the meant the "Application for Approval" had been approved --- ie: there were no spelling mistakes or whatever, or, in fact, an "Approval" was about to be issued -- was it the end of the beginning, or the beginning of the end?
