EXEMPTION FROM CLAUSES 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and SUBCLAUSE 725.40(3)(a)(iii)(B)(I) OF THE COMMERCIAL AIR SERVICES STANDARDS MADE PURSUANT TO SECTIONS 703.38, 704.33 AND 705.40 OF THE CANADIAN AVIATION REGULATIONS (CARs)

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 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 subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards made pursuant to Sections 703.38, 704.33 and 705.40 of the CARs respectively, subject to the following conditions.

Clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards state that portable two-way radio communication devices use 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 subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards are detailed in Annex A to this exemption.

PURPOSE                                      

The purpose of this exemption is to allow Canadian air operators operating under Subparts 703, 704 or 705 of the Canadian Aviation Regulations (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.

CONDITIONS

This exemption is subject to the following conditions:

  1. Prior to permitting the use of TPEDs on board, the air operator shall conduct testing in coordination with Transport Canada to verify and confirm that the use of the device does not interfere with the safe operation of the aircraft during the taxi-in phase;
  2. The use of the TPEDs when an aircraft engine is running shall be permitted on board only during the taxi-in phase to the gate, terminal or dock phase of flight and in accordance with Section 602.86 of the CARs pertaining to the stowage of Carry-on Baggage, Equipment and Cargo;
  3. The air operator shall implement procedures to advise passengers of when the use of TPEDs is permitted;
  4. Crew members shall not be permitted to use the TPEDs during the taxi-in phase;
  5. Crew members shall receive initial and recurrent training on the emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption;
  6. The air operator shall amend the applicable parts of their Company   Operations Manual and crew member training programs to reflect the changes in emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption; 
  7. The onus for determining if TPEDs will cause interference is placed on the air operator of the aircraft.

VALIDITY

This exemption is valid until the earliest of:

  1. December 1, 2011 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached; or
  3. the date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Canada on this __4__day of June 2010, on behalf of the Minister of Transport.

Original signed by

Don Sherritt
Director, Standards
Civil Aviation


ANNEX A

723.38 Passenger and Cabin Safety Procedures

(3) Use of Portable Electronic Devices
(amended 1998/06/01; no previous version)

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:

  1. Permitted Devices With Restrictions
    1. personal life support systems may be operated during all phases of flight, provided that the device does not cause interference with the aircraft's systems or equipment;
    2. portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
      1. use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,

      2. ...

724.33 Apron and Cabin Safety Procedures

(3) Use of Portable Electronic Devices
(amended 1999/09/01; no previous version)

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:

  1. Permitted devices with restrictions:
    1. personal life support systems may be operated during all phases of flight, provided that the device does not cause interference with the helicopter's systems or equipment;
    2. portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
      1. use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit,


      2. ….

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) (amended 1998/03/23; previous version)

  1. 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:
    1. Permitted devices with restrictions:
      1. personal life support systems may be operated during all phases of flight, provided that the device does not cause interference with the aircraft's systems or equipment;
      2. portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
        1. use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,


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