Advanced Ultra-Light Aeroplane - Owners' and Operators' Responsibilities

If you are the owner or operator of an advanced ultra-light aeroplane, of any model of advanced ultra-light aeroplane, there are some things that you need to know and do as you:

  • decide if an advanced ultra-light aeroplane serves your needs
  • choose a particular model of advanced ultra-light aeroplane, and
  • operate and maintain your aeroplane.

In the case of advanced ultra-light aeroplanes, owners must look to the manufacturer for after-market support in areas where Transport Canada might provide assistance for other categories of aircraft.

The following information summary includes some of the more significant aspects of owning or operating an advanced ultra-light aeroplane. It is intended to help you become clearly aware of your responsibility as an owner of one of these aeroplanes and to point out some of the areas for which you become totally dependent on the advanced ultra-light aeroplane manufacturers.

Does an advanced ultra-light aeroplane serve your needs?

Ultra-light aeroplanes afford greater flexibility in some areas than other categories of aircraft do. Ultra-light aeroplanes bring with them more limited operating possibilities than other aircraft categories. Ultra-light aeroplanes are limited to day, VFR operations and may include limitations on operations in controlled airspace.

Although advanced ultra-light aeroplanes share many of the limitations of basic ultra-light aeroplanes, they are not quite as limited as their basic counterparts. Some owners choose an advanced ultra-light aeroplane because of its potential to carry a passenger; others choose an advanced ultra-light aeroplane because of the reduced restriction on flight in controlled airspace. Still others select an advanced ultra-light aeroplane because of the increased confidence they see in the certifications provided by the manufacturer and the additional liability and responsibility that falls on the manufacturer because of those certifications.

The slight increase in operational opportunities for an advanced ultra-light aeroplane comes with additional obligations on the owner. Advanced ultra-light aeroplanes must be maintained in accordance with the manufacturer’s maintenance programme; owners are required to maintain a record of the maintenance conducted on their aeroplanes. An advanced ultra-light aeroplane cannot be modified without approval, and the manufacturer is the only source of that approval. When a manufacturer becomes aware of some action that is required for the safety of a particular model of advanced ultra-light aeroplane, the manufacturer is obliged to issue a Mandatory Action; owners are required to adhere to all mandatory actions applicable to their aircraft.

Choose an advanced ultra-light aeroplane

Of course, you need to select an aeroplane model with operating capabilities that meet your needs. Beyond the aeroplane itself, you need to look carefully at the manufacturer. Owners of advanced ultra-light aeroplanes are highly reliant on manufacturers for the continuing fitness for flight of their advanced ultra-light aeroplanes. Manufacturers are the only entity able to provide the approval required for any modification of an advanced ultra-light aeroplane. A number of years into the life of an advanced ultra-light aeroplane, your aeroplane may need replacement parts or a modification of some nature for the continued safe operation of the aeroplane. If the manufacturer is no longer conducting business, it might be difficult or impossible to obtain suitable replacement parts. Without a manufacturer, it may be impossible to obtain approval for modifications.

A number of owners of advanced ultra-light aeroplanes have found themselves seriously disadvantaged when the manufacturer ceased to exist. These owners often face the cancellation of the Certificates of Registration for their aircraft because the aircraft can no longer meet the requirements of an advanced ultra-light aeroplane. Such aircraft may be eligible to be a basic ultra-light aeroplane; that option may not serve the owner’s needs, especially if the initial selection of an advanced ultra-light aeroplane was made to provide advantages not offered only by basic ultra-light aeroplanes.

Potential buyers of advanced ultra-light aeroplanes must remember that not only are they relying on the aeroplane itself, but also they are relying heavily on the support that only the manufacturer can provide to them.

Beyond selecting a model of aeroplane, you will need to select a particular aeroplane. On the Internet, there is a list of those models of aeroplanes that are eligible to be registered as advanced ultra-light aeroplanes located at https://tc.canada.ca/en/aviation/civil-aviation/listing-models-eligible-be-registered-advanced-ultra-light-aeroplanes-aula. You will notice that specific criteria is provided for some models, but that does not guarantee that all aeroplanes of that model meet that criteria. Be sure to check with the aeroplane manufacturer to confirm such things as approved weights and configurations.

A particular aeroplane cannot be registered as an advanced ultra-light aeroplane unless its model name appears on this list. However, just seeing a particular model name on this list does not guarantee that a particular aeroplane of that model can be registered as an advanced ultra-light aeroplane - there are additional requirements that must be met as well.

If the aeroplane is a new aeroplane, you will need to obtain from the manufacturer a document called a Statement of Conformity. The manufacturer (or a representative authorised by the manufacturer) is the only one who can issue the Statement of Conformity. If you are purchasing a factory built aeroplane, you need to make sure that the Statement of Conformity comes with your assembled aeroplane.

If the aeroplane is a new one that you (or someone else) constructed from a kit, you need to make sure that you understand and can agree to the process the manufacturer will follow to issue the Statement of Conformity. That document is required to register the aircraft as an advanced ultra-light aeroplane - without it, the aircraft may, at best, qualify as a basic ultra-light aeroplane. You should make sure that you understand what the manufacturer will require from you before issuing the Statement of Conformity.

If the aeroplane is a used one that is already registered as an advanced ultra-light aeroplane, you will need to obtain from the previous owner a document called a Fit For Flight Form. On this document, the previous owner will need to certify a number of things: that she or he has followed the manufacturer’s specified maintenance program, that he or she has completed all mandatory actions applicable to the model of aeroplane, and that no modifications have been made to the aeroplane without the written approval of the manufacturer. You will also need to certify that you accept the custody and control of the aeroplane, that you have inspected the aeroplane and you have found it to be as described by the registered owner. Finally, you will need to certify that you consider the aeroplane fit for flight.

If an aeroplane has previously been registered as a basic ultra-light aeroplane, the only way the aircraft can be registered as an advanced ultra-light aeroplane is with a Statement of Conformity from the manufacturer. If the aeroplane has been previously registered as an advanced ultra-light aeroplane but you cannot obtain a Fit For Flight Form for any reason, the only way the aircraft can be registered as an advanced ultra-light aeroplane is with a Statement of Conformity from the manufacturer. If you are going to rely on a manufacturer issuing a Statement of Conformity for a used aircraft, you are well advised to check with the manufacturer before purchasing the aircraft - not all manufacturers are prepared to issue Statements of Conformity for used aeroplanes.

Operating and maintaining your advanced ultra-light aeroplane

Before you actually operate your aeroplane, you will need to register it. That process is not a difficult one, but it does require specific documentation. You will need to provide legal evidence that you actually own the aeroplane, that you have custody of it and that you are the one legally in control of all aspects of the aeroplane. You will also have to demonstrate that the aircraft is fit for flight and that it is eligible to be registered as an advanced ultra-light aeroplane. If the aircraft is being registered for the first time in Canada, you will demonstrate its fitness for flight and its eligibility for registration by submitting a Statement of Conformity signed by the manufacturer of the aeroplane. If the aircraft is already registered in Canada as an advanced ultra-light aeroplane, you will need to provide another Statement of Conformity from the manufacturer or a Fit For Flight Form from the previous owner. Detailed information about registering your advanced ultra-light aeroplane can be found at https://tc.canada.ca/en/aviation/registering-leasing-aircraft/register-aircraft/register-advanced-ultra-light-aeroplane

As the owner of an advanced ultra-light aeroplane, you are responsible for maintaining the aeroplane in a “fit for flight” condition by adhering to the Manufacturer Specified Maintenance Program and for completing the manufacturer’s Mandatory Actions in accordance with the manufacturer’s instructions and time frame. You must also maintain appropriate records for the aeroplane, including scheduled maintenance, mandatory actions, modifications, and accident repairs

Ultra-light aeroplanes are highly restricted in terms of where they can fly and the purposes for which they may be used. CAR 602.29 (Canadian Aviation Regulations (SOR/96-433)) outlines some of these restrictions. Advanced ultra-light aeroplanes may be used for private recreational purposes and (provided they are flown by a properly qualified pilot) advanced ultra-light aeroplanes may carry one passenger. The only commercial purpose for which an Advanced Ultra-light Aeroplane may be used is the provision of pilot flight training for ultra-light pilots. To ensure that passengers are aware that advanced ultra-light aeroplanes are not required to conform to government safety standards for construction and maintenance, your aeroplane must have a placard installed in a location highly visible to both occupants of the aircraft containing the following information:

THIS AIRCRAFT IS AN ADVANCED ULTRA-LIGHT AEROPLANE AND IS OPERATING WITHOUT A CERTIFICATE OF AIRWORTHINESS

Once you begin operating the aircraft, you are required to complete the maintenance as called for by the schedule and the maintenance procedures to maintain your aeroplane in a “fit for flight” condition. If the manufacturer identifies any potentially unsafe flight conditions affecting the aeroplane at any time during its life, the manufacturer is obliged to issue information about corrective procedures. This information is called a Mandatory Action. You are required to comply with any Mandatory Actions issued by the manufacturer of your advanced ultra-light aeroplane.

You must also avoid making modifications to your advanced ultra-light aeroplane, unless you receive prior written approval of the manufacturer. The manufacturer is the only place from where you can obtain this approval. Therefore, when purchasing an advanced ultra-light aeroplane, you would do well to satisfy yourself that you believe that the manufacturer will remain available to you for the life of your aircraft. Owners of advanced ultra-light aeroplanes for which the manufacturers no longer exist may find themselves without a way of obtaining the approval required for any future support they may need. Unlike conventional aircraft (for which Transport Canada establishes airworthiness and other standards), Transport Canada has no basis on which to judge the appropriateness of any changes to advanced ultra-light aeroplanes. That responsibility rests solely with the manufacturer.

If you prefer support from Transport Canada for matters relating to the aircraft you own or operate, you will need to consider an aircraft for which Transport Canada issues some sort of flight authority. Ultra-light aeroplanes operate without any form of Transport Canada flight authority and are reliant on the manufacturer alone for airworthiness and other support.

Many of the models eligible for registration as advanced ultra-light aeroplanes appear on the list with a number of engine and undercarriage options. Some manufacturers produce different aeroplanes with different engines and different undercarriage configurations for a particular model. Before you change the engine or undercarriage configuration, you must consult with and follow the directions from the manufacturer. Even if your model of aeroplane appears on the list with a different engine, you need to follow the instructions of the manufacturer if you wish to install the alternate engine. Similarly, many models are listed with both land and sea undercarriage. When changing to the other undercarriage configuration, you need to follow the instructions of the manufacturer. If you choose to change your landplane configuration from wheels to skis, you need to follow the instructions of the manufacturer.

Failure to comply with the maintenance or modification requirements will cause your aeroplane to cease to be an advanced ultra-light aeroplane. When that happens, CAR 202.59 causes the certificate of registration to be cancelled. If you are fortunate and your aeroplane still meets the requirements of a basic ultra-light aeroplane, it may be eligible for registration as such. However, when an advanced ultra-light aeroplane becomes a basic ultra-light aeroplane, operating restrictions increase. Many owners consider the prohibition against carrying a passenger to be one of the major unwanted outcomes.

If you decide to purchase an advanced ultra-light aeroplane that is already registered, you will need to obtain a document called a Fit For Flight Form. If you are the owner of an advanced ultra-light aeroplane and you sell it, you will be asked to provide the purchaser with a Fit For Flight Form. Both the old owner and the new owner sign this document. It serves as evidence of the transfer of custody and control of an advanced ultra-light aeroplane. The seller declares and the buyer accepts that the aeroplane is fit for flight, there are no unapproved modifications on the aeroplane, all mandatory actions have been completed and there are no outstanding maintenance actions as required by the Manufacturer Specified Maintenance Program. The Fit For Flight Form will be required for the re-registration of the aeroplane.

The Ultra-light Aeroplane Transition Strategy is a document that outlines in more detail the requirements imposed on ultra-light aeroplanes in Canada, including minimum useful load calculations. Section 3 of this document outlines requirements for advanced ultra-light aeroplanes. You can find the Ultra-light Aeroplane Transition Strategy on the Internet at https://tc.canada.ca/en/aviation/civil-aviation/listing-models-eligible-be-registered-advanced-ultra-light-aeroplanes-aula

You will also find other useful information about advanced ultra-light aeroplanes on the Internet at https://tc.canada.ca/en/aviation/general-operating-flight-rules/staff-instructions-recreational-aviation/ultra-light-aeroplanes

More detailed information regarding an owner’s perspective about modifications to advanced ultra-light aeroplanes can be found at https://tc.canada.ca/en/aviation/general-operating-flight-rules/staff-instructions-recreational-aviation/modifications-advanced-ultra-light-aeroplane-owner

More detailed information regarding a manufacturer’s perspective about modifications to advanced ultra-light aeroplanes can be found at: https://tc.canada.ca/en/aviation/general-operating-flight-rules/staff-instructions-recreational-aviation/modifications-advanced-ultra-light-aeroplane-manufacturer