Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to adversely affect aviation safety, I hereby exempt Canadian air operators operating under Subparts 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirement of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A), and sub-clause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards (CASS) made pursuant to subsections 703.38(3), 704.33(5), and 705.40(4) of the CARs respectively, subject to the conditions set out below.
Clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A), and sub-clause 725.40(3)(a)(iii)(B)(I) of the CASS state that use of portable two-way radio communication devices is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit.
The requirements of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and sub-clause 725.40(3)(a)(iii)(B)(I) of the CASSare detailed in Appendix 1 of this exemption.
Subsections 703.38(3), 704.33(5) and 705.40(4) of the CARs state that for the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that meet the CASS and are specified in the air operator’s company operations manual.
PURPOSE
The purpose of this exemption is to allow Canadian air operators operating under Subparts 703, 704 or 705 of the CARs to permit the use of transmitting portable electronic devices (TPEDs) on board aircraft during the taxi-in to the gate, terminal or dock phase of flight.
APPLICATION
This exemption applies only to Canadian air operators operating under Subparts 703, 704 or 705 of the CARs during the taxi-in to the gate, terminal or dock phase of flight.
CONDITIONS
This exemption is subject to the following conditions:
- Prior to exercising the relief provided by this exemption, the air operator shall:
- for each type, series and model of aircraft used by the air operator on which the air operator intends to permit the use of a kind of TPED during the taxi-in phase of flight, conduct testing to determine that the aircraft is not susceptible to the level of electromagnetic interference (EMI) that could be emitted from the kind of TPED the air operator intends to permitduring the taxi-in phase of flight;
- establish procedures that confirm which TPEDs do not impair the functioning of the aircraft’s systems or equipment before permitting use of the TPEDs during the taxi-in phase of flight;
- develop criteria for the purposes of determining when it would be necessary to limit the use of TPEDs during the taxi-in phase of flight;
- maintain records that document the following:
- how it was determined that a TPED does not impair the functioning of the aircraft’s systems or equipment during the taxi-in phase of flight;
- what standards and criteria were utilized in making this determination; and
- how satisfactory performance was demonstrated;
- provide to the Minister upon request the records required by condition 1(d);
- develop a list of TPEDs that do not impair the functioning of the aircraft’s systems or equipment during thetaxi-in phase of flight for each type, series and model of aircraft used by the air operator and on which the air operator intends to permit the use of TPEDs during the taxi-in phase of flight;
- provide each crew member with the necessary training to address the use of TPEDs during the taxi-in phase of flight; and
- amend the applicable parts of the air operator’s company operations manual and crew member training programs to reflect the changes in normal, abnormal, emergency and safety procedures associated with the use of TPEDs during the taxi-in phase of flight.
- The air operator shall not allow the use of a TPED on board a specific type, series and model of aircraft unless the results of the testing completed as set out in condition 1(a) show that the TPEDs the air operator intends to permit during the taxi-in phase of flight do not impair the functioning of the aircraft’s systems or equipment for that particular type, series and model of aircraft during the taxi-in phase of flight.
- The air operator shall permit the use of a TPED on board when an aircraft engine is running only during the taxi-in phase of flight.
- The use of a TPED shall comply with the limitations specified in Section 602.86 of the CARs pertaining to the stowage of carry-on baggage, equipment and cargo.
- The air operator shall implement procedures to advise passengers of:
- when the use of TPEDs is permitted; and
- the type of TPED that is acceptable for use.
- With the exception of electronic flight bags, an air operator shall not permit a crew member to use, and a crew member shall not use, a TPED during the taxi-in phase of flight.
- The determination of whether a particular device may impair the functioning of the aircraft’s systems or equipment during the taxi-in phase of flight shall be made by the air operator.
VALIDITY
This exemption is in effect until the earliest of:
- December 1, 2019 at 23:59 EST;
- the date on which any condition set out in this exemption is breached;
- the date on which an amendment modifying the subject matter of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and sub-clause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards specifically pertaining to the purpose of this exemption comes into effect; or
- the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or likely to adversely affect aviation safety.
Dated at Ottawa, Ontario on this 3rd day of December 2014, on behalf of the Minister of Transport.
“Original signed by”
Martin J. Eley
Director General,
Civil Aviation
Appendix 1
Relevant provisions of the CARs
602.08 Portable Electronic Devices
(1) No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.
(2) No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.
602.86 Carry-on Baggage, Equipment and Cargo
(1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are
(a) stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or
(b) restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.
(2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless
(a) the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;
(b) all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;
(c) where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,
(i) no passenger's view of any "seat belt" sign, "no smoking" sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,
(ii) all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and
(iii) all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and
(d) all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.
703.38 Passenger and Cabin Safety Procedures
…
(3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
(a) meet the Commercial Air Service Standards; and
(b) are specified in the air operator's company operations manual.
723.38 Passenger and Cabin Safety Procedures (Aeroplanes)
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(a) …
(b) …
(c) Permitted Devices With Restrictions
(i) …
(ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
(A) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
723.38 Passenger and Cabin Safety Procedures (Helicopters)
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(a) …
(b) …
(c) Permitted Devices With Restrictions
(i) …
(ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
(A) use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit,
704.33 Apron and Cabin Safety Procedures
…
(5) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
(a) meet the Commercial Air Service Standards; and
(b) are specified in the air operator's company operations manual.
724.33 Passenger and Cabin Safety Procedures (Aeroplanes)
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(a) …
(b) …
(c) Permitted Devices With Restrictions
(i) …
(ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
(A) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
724.33 Apron and Cabin Safety Procedures (Helicopters)
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(a) …
(b) …
(c) Permitted devices with restrictions:
(i) …
(ii) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
(A) use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit,
705.40 Passenger and Cabin Safety Procedures
…
(4) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
(a) meet the Commercial Air Service Standards; and
(b) are specified in the air operator's company operations manual.
725.40 Passenger and Cabin Safety Procedures
…
(3) Use of Portable Electronic Devices (refers to paragraph 705.40(4)(b) of the Canadian Aviation Regulations)
(a) The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(i) …
(ii) …
(iii) Permitted devices with restrictions:
(A) …
(B) portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
(I) use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
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