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(d) “under way” if, being in the air or on the surface of the water, it is
not aground or moored to the ground or to any fixed object on the
land or in the water.
(5) Where any rule contained in the provisions of Division 2 of Part 11 or
in the provisions of Parts 12 and 13 contains a provision similar to that
of a rule contained in the Rules of the Air adopted in pursuance of the
Convention, but a distance which in the last-mentioned rule is
expressed by kilometres, metres or centimetres (as the case may be) is
in the first-mentioned rule expressed in miles, feet or inches, an aircraft
which, in respect of that distance, complies with the last-mentioned
rule shall also be deemed to comply with the first-mentioned rule.
Replacement Page Amdt No. 8
December 2004
30 Civil Aviation Regulations 1988
Legal Services Group Amended CAR – 2nd Ed
Civil Aviation Safety Authority August 2003
(6) For the purposes of these Regulations, an aircraft shall be classified in
accordance with the type of operations in which it is being employed
at any time, as follows:
(a) when an aircraft is being employed in aerial work operations, it
shall be classified as an aerial work aircraft;
(b) when an aircraft is being employed in charter operations, it shall
be classified as a charter aircraft;
(c) when an aircraft is being employed in regular public transport
operations, it shall be classified as a regular public transport
aircraft;
(d) when an aircraft is being employed in private operations, it shall
be classified as a private aircraft.
(7) For the purposes of these Regulations:
(a) an aircraft that is flying or operating for a commercial purpose
referred to in paragraph 206 (1) (a) shall be taken to be employed
in aerial work operations;
(b) an aircraft that is flying or operating for a commercial purpose
referred to in paragraph 206 (1) (b) shall be taken to be employed
in charter operations;
(c) an aircraft that is flying or operating for the commercial purpose
referred to in paragraph 206 (1) (c) shall be taken to be employed
in regular public transport operations; and
(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) conversion training for the purpose of endorsement of an
additional type or category of aircraft in a pilot licence; 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.
Replacement Page Amdt No. 8
December 2004
Civil Aviation Regulations 1988 31
Amended CAR – 2nd Ed Legal Services Group
August 2003 Civil Aviation Safety Authority
(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
(b) the number of persons on the flight, including the operating crew,
does not exceed 6; and
(c) no payment is made for the services of the operating crew; and
(d) the persons on the flight, including the operating crew, share
equally in the costs of the flight; and
(e) no payment is required for a person on the flight other than a
payment under paragraph (d).
(7B) For these Regulations, an unmanned aircraft that is operating in
accordance with Part 101 of CASR, or an approval granted by CASA
under that Part, is employed in aerial work operations.
(8) For the purposes of these Regulations, civil air operations are divided
into the classes of operations referred to in subregulation (7).
(9) Any reference in these Regulations to the owner of an aircraft must,
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