A24-04 - Enhanced risk mitigation for reduced-visibility operations in uncontrolled airspace

A24-04 - The Department of Transport enhance the requirements for helicopter operators that conduct reduced-visibility operations in uncontrolled airspace to ensure that pilots have an acceptable level of protection against inadvertent flight into instrument meteorological conditions accidents.

Transport Canada’s response to Aviation Safety Recommendation A24-04

Transport Canada (TC) agrees with the Transportation Safety Board (TSB)’s recommendation, emphasizing the need to fortify requirements for helicopter operators conducting reduced-visibility operations in uncontrolled airspace, thereby ensuring pilots are equipped with adequate safeguards against inadvertent flight into instrument meteorological conditions accidents.

TC will assess low visibility approval standards, to align them more closely with fixed-wing standards. This review will encompass fixed-wing operations to identify areas for potential enhancement. TC aims to complete this assessment by the end of 2024 with the capacity to provide further timelines and accomplished tasks in a future update to the TSB. In the meantime, in 2023, TC published Notice of Proposed Amendment (NPA) 2023-005- Minimum Visual Meteorological Conditions for VFR flight in Controlled and Uncontrolled Airspace - Parts I, IV, VI, VII of the CARs and Associated StandardsFootnote 1 for consultation on the Canada Aviation Regulation Advisory Council (CARAC). The purpose of this NPA is to amend Sections 602.114 and 602.115, along with other areas in Parts I, IV, VI, VII of the CARs and associated Standards to facilitate the introduction of Night Vision Imaging Systems (NVIS) and for the increased requirements for Night VFR rating and currency. These changes will include:

  • CAR 605.14 – Increased equipment requirements for helicopters operating in reduced visibility operations in Day VFR to be equipped with the equipment required for night VFR flight under section 605.16 of the CARs.
  • CAR 605.16 – Increased equipment requirement for helicopters operating in reduced visibility operations in Night VFR to require (under subsection 4) use of GPS or Electronic Flight Bags (EFB) peripheral for aircraft. For rotorcraft, a minimum of two axis, SAS (Stability Augmentation Systems) or autopilot capable of returning the helicopter to straight and level flight at the push of one button. Addition of new subsection (5) to require use of NVIS in night VFR flight or by Specific Approval in an approved Night VFR program detailed in the company Standard Operating Procedures.
  • CAR 702.17 – Increased equipment requirements and qualifications for VFR flight in Minimum Flight Visibility - Uncontrolled Airspace to be equipped as per section 605.16 of the CARs.

Due to a reorganization of priorities driving TC’s Forward Regulatory PlanFootnote 2, the amendment is yet to be scheduled for publication in Canada Gazette Part I. Once the new regulations come into force, TC intends to assist flight schools, general aviation, and commercial operators in adapting to these changes. It is anticipated that these proposed modifications will yield a discernible enhancement in aviation safety, leading to a significant mitigation of accident risks.