CASA has issued a reminder notice to charter operators that an RPT approval is needed on their AOC if they intend to offer seats to the general public on charter flights.
The letter follows the recent CASA vs Caper Pty Ltd ruling in the Federal Court in which a booking agent chartered an aircraft then sold seats to the general public.
The ruling will be of specific interest to charter companies who may have previously thought such operations to be 'closed charter', an operation that needs no RPT authorisation. Aircraft chartered by specific groups or fly-in, fly-out operations to mines are examples of closed charter because seating is not available to the general public.
"Operations on a fixed schedule to and from fixed terminals over specific routes, for the purpose of transporting persons generally are RPT operations," the letter, signed by Peter Fereday, Executive Manager - Industry Permissions Division, states.
"Accordingly, a 'mail run' that operates to a fixed schedule to and from fixed terminals may not carry members of the general public unless the operator holds an air operators certificate authorising RPT passenger-carrying operations."
Understanding the ramifications for the charter industry, CASA has taken the step of outlining how operators can apply for RPT authorisation, and noting that exemptions from parts of the regulation may be issued.
"CASA recognises ... that some operators may not currently be able to meet all RPT requirements. In appropriate cases, therefore, CASA may consider exempting an RPT operator from complying with some otherwise applicable requirements, and approving deviations from certain other requirements, where that option is available," the letter continues.
"CASA will consider applications for authorisation to conduct RPT operations, subject to approvals and/or exemptions of the kind mentioned above, where the aircraft involved have a seating capacity of not more than 9 seats and a Maximum Take-off weight (MTOW) of not more than 8,618 kg."
The Caper ruling will have to be considered by charter operators planning services to popular destinations like the Birdsville Races, Avalon air show and the Mount Hotham ski fields.