photofly wrote: ↑Tue Apr 05, 2022 11:46 am
I don’t agree. 702.03 says “no person other than a crew member is carried on board, not “no person other than a flight crew member”. If the flight is an aerial photography flight the the photographer is assigned the duty of photography during the flight and is clearly a crew member under the definition of “crew member”.
A photographer can’t be carried on a positioning flight to where photographs are to be taken without an OC because then they are a passenger, and there is a tribunal case that makes that clear. Nor can photography equipment be carried to such a place. I’ll post details of the case later if nobody beats me to it.
I can't find 702.03, but I find this one:
Requirements for Air Operator Certificate
700.02 (1) No person shall operate an air transport service unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to operate that service.
(2) Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving
(a) the carriage on board of persons other than flight crew members;
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As an AvCanada discussion grows longer:
-the probability of 'entitlement' being mentioned, approaches 1
-one will be accused of using bad airmanship
photofly wrote: ↑Tue Apr 05, 2022 11:46 am
I don’t agree. 702.03 says “no person other than a crew member is carried on board, not “no person other than a flight crew member”
Are we looking at two different versions of the CARs? There is no 702.03 anymore and 702.01 (a) specifies
(a) the carriage on board of persons other than flight crew members;
Personally I have been round and round with TC (and the FAA where their definition is slightly different) over the crew/flight crew/passenger issue.
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I'm not sure what's more depressing: That everyone has a price, or how low the price always is.
I believe it's fairly clear from 700.02 that aerial photography (conducted by a crew member) doesn't need an OC.
Yes, though there is a bit of clarification that is required. If the photo is taken by a flight crew member. However, if the equipment operator (photographer) is crew, but not flight crew, then you do need a OC.
I've gotten the idea that TC mandate is to protect the unwitting non-pilots from the actions of pilots.
photofly wrote: ↑Tue Apr 05, 2022 11:46 am
I don’t agree. 702.03 says “no person other than a crew member is carried on board, not “no person other than a flight crew member”
Are we looking at two different versions of the CARs? There is no 702.03 anymore and 702.01 (a) specifies
(a) the carriage on board of persons other than flight crew members;
Personally I have been round and round with TC (and the FAA where their definition is slightly different) over the crew/flight crew/passenger issue.
You’re right. I misremembered it.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
