Q400 and the tripartite agreement
Joe,
The definition of general aviation, on a proper interpretation of the tripartite agreement, excludes "a limited commercial STOL service".
Clearly the intention of the drafters of the document to allow only STOL for commercial service.
Porter and the TPA are in deep trouble on this. As you note, the Q400 is most defintiely not a STOL aircraft.
Their efforts to legitimize the use of the Q400 within the "general aviation" category is entirely flimsy: yes, a Dash-8 is a permitted use for general aviation purposes - but the only Dash-8 in the possible contemplation of the parties when it was inserted in the agreement in 1985 was an aircraft half the size and weight - the Dash-8-100. At that point the Q400 didn't exist.
Intention of the parties, not Transport Canada's classification for aeronautical purposes, is the determining factor.
That's setting aside whether an aircraft permitted for general aviation purposes could be used for commercial purposes - when commercial activities are restricted to STOL!
Brian Iler
The definition of general aviation, on a proper interpretation of the tripartite agreement, excludes "a limited commercial STOL service".
Clearly the intention of the drafters of the document to allow only STOL for commercial service.
Porter and the TPA are in deep trouble on this. As you note, the Q400 is most defintiely not a STOL aircraft.
Their efforts to legitimize the use of the Q400 within the "general aviation" category is entirely flimsy: yes, a Dash-8 is a permitted use for general aviation purposes - but the only Dash-8 in the possible contemplation of the parties when it was inserted in the agreement in 1985 was an aircraft half the size and weight - the Dash-8-100. At that point the Q400 didn't exist.
Intention of the parties, not Transport Canada's classification for aeronautical purposes, is the determining factor.
That's setting aside whether an aircraft permitted for general aviation purposes could be used for commercial purposes - when commercial activities are restricted to STOL!
Brian Iler
Comments