Legal Information Bulletin Number 4: Notification of outcome of consultation and summary of submissions received

In August 2008 the CAA released for industry consultation Draft Legal Information Bulletin Number 4, regarding the interpretation of  the current CAR Part 1 definitions of “crew member”, and “commercial transport operation”.

Written submissions and feedback were received over the following months and were considered by the CAA.

The legal interpretation adopted in the Draft Bulletin raised two specific issues of concern by submitters, concerning whether the requirement to hold a Part 119 air operator certificate applied to the carriage of certain passengers on agricultural operations, and whether commercial wild animal recovery operations are required to be conducted under a Part 119/135 air operator certificate.

After engaging in extended consultation with relevant stakeholders, the following decisions have been made by the CAA:

  • Changes to Rule Part 137 agricultural operations are being incorporated into the current rewrite of that Rule Part, to clarify when passengers may be carried by agricultural operators (in limited circumstances).
  • Wild animal recovery operations are required to be certificated under Part 119. Existing operators are being given a transition period until 31 October 2010, after which it will be compulsory to hold a Part 119 air operator certificate to conduct this activity.

These issues and the decisions made by the CAA are outlined in more detail in the Summary of Submissions Document. That document also outlines the other issues raised by submitters and the CAA’s response.

The following documents can be viewed here:

This now completes the CAA’s consultation on the Draft Legal Information Bulletin. The final Legal Information Bulletin No 4 can be viewed here.