Hi,

I'm getting a bit confused now with respect to who can sit in one of the control seat as it seems to me that there is a conflict in the regulation between CAR and CAO.
In CAO, it seems that any person can sit in the control seat as long as instructions/communication requirements are followed (only for non-RPT), whereas CAR limits such passengers to those holding pilot licenses.
The only way this makes sense is if the passenger described in CAO is construed to be the person authorized by CASA as per CAR 226(c). If so, is this correct?
Could someone help me with my confusion? Thanks for your help in advance.

CAR 226 Dual controls
(1) During flight, a person may occupy a control seat of an aircraft equipped with fully or partially functioning dual controls only if:
(a) the person holds an appropriate pilot licence for the type of aircraft and the class of operations in which the aircraft is flown; or
(b) the person is a student pilot assigned for instruction in the aircraft; or
(c) the person is authorised by CASA.
(2) In authorising a person to occupy a control seat in pursuance of subregulation (1), CASA may grant the authority subject to such conditions as CASA
considers necessary in the interests of safety.

CAO 20.16.3
11 Carriage of passengers in seats at which dual controls are fitted
11.1 Except as provided in paragraph 11.2, in all aircraft for which the Certificate of Airworthiness specifies a minimum crew of 1 pilot, a person may occupy a seat at which fully or partially functioning dual controls are fitted if the pilot gives adequate instruction to that person to ensure that the controls are not interfered with in flight and there is satisfactory communication available at all times between the pilot and that person.
11.2 In respect of aircraft engaged in regular public transport operations, the seat referred to in paragraph 11.1 shall not be occupied by a person other than a licensed pilot or an employee of the operator of the aircraft unless approved by CASA. Details of such an approval shall be included in the Operations Manual.
11.3 The provisions of these paragraphs shall not be construed as limiting the exercise of the authority of CASA in accordance with regulation 226 of the Civil Aviation Regulations 1988.

The CAR says the CASA may grant permission for a non-crew member to occupy a control seat under certain conditions. Those conditions are to be found in the CAO 20.16.