Promotion of cost-share private ops on Facebook etc

[uberfleiger]

Originally Posted by IFEZ

'Its more of a protection racket for commercial operators'


Same principal with 7A(b) where you can't have more than 6 including crew. Designed to stop someone loading up 8 of their mates into a Chieftan and heading off somewhere on a cost share basis, thereby undercutting some commercial operator offering the same service, presumably.

A friend of mine does own a Chieftain, and we are aware of the 6 seat rule and the court case involving the owners of a Metro. It is therefore necessary for my friend to have legally registered organisations charter the aircraft. If a CPL wants to costshare a Chieftain he has to go through the drama of setting up a company. So then all such flights become "corporate".

[Checkboard]

Dick Smith was appointed by Prime Minister Bob Hawke to be Chairman of the Board of the Civil Aviation Authority from February 1990 to February 1992. He also served as Deputy-Chairman and Chairman of the Board of the Civil Aviation Safety Authority from 1997 until his resignation in 1999.

In October 1991 Smith was the second person to fly over Mount Everest.[30] Dick and Pip Smith circled the summit, taking photographs. In Australian Geographic (January–March 1993) Dick wrote: 'The experience was unbelievable and I felt privileged to be one of the very few people to obtain permission from the Nepalese government to fly over the summit."[31]
In 1992 Smith made another helicopter flight around the world, this time with his wife Pip. He bought a twin-engine Sikorsky S-76 helicopter. At their journey's end, Dick and Pip had completed the first east to west (i.e. against prevailing winds) helicopter flight around the globe, flown more than 39,607 nautical miles (73,352 kilometres) in the process and taken more than 10,700 photographs as a record of what the planet looked like in the last decade of the 20th century. He said, "I hope that many of the areas will be photographed again in 10 years' time from exactly the same positions"


... So if it's good enough for the Chairman... ???

[tail wheel]

I asked CASA about this rule a while ago, and they explained that the way they interpret it is that it is designed so that those not operating under an AoC cannot take business away from legitimate businesses.

In this case:

Compared to other sydney scenic flight which cost $225 each just for 20min flight time...this is great deal..as i will also be contributing to the cost of the flight.

essentially says to me that he is SELLING this way to build his hours for minimal cost to himself as a cheaper alternative to the public than to go through a legitimate operator, and is therefore, whether that is his intent or not, trying to take business away from commercial businesses.

If that is the advice CASA gave you, it is not correct. CASA must not/can not regulate on economic grounds (refer to the Act).

Any advert on Facebook (or any public media) contravenes:

Civil Aviation Regulations 1988, Part 1, Regulation 2
(7A) An aircraft that carries persons on a flight, otherwise than in
accordance with a fixed schedule between terminals, is employed in a
private operation if:
(a) public notice of the flight has not been given by any form of
public advertisement or announcement; and

But watch out for that "and" as the factors from (b) to (e) must also exist.

[Lead Balloon]

Folklore built on folklore, as usual.

Reg 2(7A) is not a rule. It is a definition that deems one specific set of circumstances to be a private flight for the purposes of the regs.

It is not - repeat not - an exhaustive definition of the only circumstances that can be a private flight for the purposes of the regs. It is one set of circumstances out of a list of nine:

(7) For the purposes of these Regulations:
....
(d) an aircraft that is flying or operating for the purpose of, or in the course of:
(i) the personal transportation of the owner of the aircraft;
(ii) aerial spotting where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the spotting is conducted;
(iii) agricultural operations on land owned and occupied by the owner of the aircraft;
(iv) aerial photography where no remuneration is received by the pilot or the owner of the aircraft or by any person or organisation on whose behalf the photography is conducted;
(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;
(va) the carriage of persons in accordance with subregulation (7A);
(vi) the carriage of goods otherwise than for the purposes of trade;
(vii) flight training, other than the following:
(A) Part 141 flight training (within the meaning of regulation 141.015 of CASR);
(B) Part 142 flight training (within the meaning of regulation 142.015 of CASR);
(C) balloon flying training (within the meaning of subregulation 5.01(1)) for the grant of a balloon flight crew licence or rating; or
(viii) any other activity of a kind substantially similar to any of those specified in subparagraphs (i) to (vi) (inclusive);
shall be taken to be employed in private operations.

Bolding added by me.