Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt a person who manufactures an aircraft, a person who owns an aircraft that obtains an authorization to attach an aircraft identification plate or a person who operates an aircraft in flight, from having to attach or have attached an aircraft identification plate that has the name of the manufacturer (currently defined to be the holder of a type certificate for an aeronautical product) permanently etched, engraved or stamped on it, as required by paragraph 201.01(4)(a) of the CARs, subject to the following condition.
The requirements of section 201.01 of the CARs and the current definition of “manufacturer” are detailed in Appendix A to this exemption.
Purpose
In the majority of cases throughout the CARs and related standards, the term “manufacturer” is used when in fact “type certificate holder” is implied. Thus, the purpose of this exemption is to exempt a person who manufactures an aircraft, a person who owns an aircraft that obtains an authorization to attach an aircraft identification plate or a person who operates an aircraft in flight from paragraph 201.01(4)(a) of the CARs. This exemption is implementing the regulatory intent of NPA 2004-087.
By doing so, the administrative burden of having to re-identify the manufacturer (currently defined as being the holder of a type certificate for an aeronautical product) on the aircraft identification plate upon change of type certificate ownership or upon a request to install an aircraft identification plate, is alleviated.
This exemption also permits aircraft identification plates for new aircraft to be marked with the name of the “maker of the aeronautical product” in lieu of the holder of the aircraft type certificate.
Application
This exemption applies to a person who manufactures an aircraft, a person who owns an aircraft that obtains an authorization to attach an aircraft identification plate or a person who operates an aircraft in flight.
The operators of aircraft will not be required to amend their aircraft identification plate, in order to reflect a new holder of the aircraft type certificate.
Conditions
Where the identification of the “manufacturer” is required pursuant to subsection 201.01(4), of the CARs the name of the “maker of the aeronautical product” must be used.
Validity
This exemption will be in effect from August 1, 2010 at 00:01 EST until the earliest of the following:
- January 31st, 2012 at 23:59 EDT;
- the date on which an amendment modifying the interpretation of “manufacturer” under CAR 101.01 comes into effect;
- the date on which any of the conditions set out in this exemption is breached; or
- 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, Ontario, Canada this 28 day of July 2010 on behalf of the Minister of Transport.
Original signed by Nicole Girard for
Martin J. Eley
Director General
Civil Aviation
Appendix A
CANADIAN AVIATION REGULATIONS
Aircraft Identification Plates
201.01(1) Except for an aircraft that is operated pursuant to an authorization issued under subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft identification plate attached to the aircraft in accordance with this Subpart.
(2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft owner that obtains an authorization referred to in subsection (6), the manufacturer or aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate that contains the information required by subsection (4)
(a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the structure of the aircraft in a place where it is visible to a person on the ground or to a person at the main entrance or rearmost entrance door;
(b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is readily visible; and
(c) in the case of a balloon, to the lower or upper girdle of the envelope in a place where it is readily visible prior to inflation.
(3) Where the configuration of an aircraft precludes the attachment of an aircraft identification plate in a location specified in subsection (2), the Minister shall, on application in writing by the manufacturer or owner of the aircraft, authorize an alternative location for the attachment of the aircraft identification plate.
(4) An aircraft identification plate attached to an aircraft shall have the following information permanently etched, engraved or stamped on it, namely,
(a) the name of the manufacturer and, if the manufacturer is an entity, its legal name;
(b) the manufacturer's model designation described in the type certificate or equivalent document;
(c) the type certificate number or equivalent designation, if applicable; and
(d) the aircraft serial number.
(5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft shall submit an application in writing to the Minister, including evidence that establishes
the identity of the aircraft, for authorization to attach an aircraft identification plate to the aircraft.
(6) On receipt of an application submitted in accordance with subsection (5) that includes evidence that establishes the identity of the aircraft, the Minister shall issue a written authorization to the owner that permits the owner to attach an aircraft identification plate to the aircraft.
(7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with subsection (2) or (3), as applicable.
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CAR 101.01(1) In these Regulations:
…
"manufacturer" - means the holder of a type certificate for an aeronautical product or, where no type certificate has been issued by the Minister, the maker of the aeronautical product; (constructeur)
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NPA 2004-087 [FINAL VERSION]
New text
Aeronautical Products
Aircraft Identification Plates
201.01
(4) An aircraft identification plate attached to an aircraft shall have include the following information permanently etched, engraved or stamped on it, namely,
(a) the legal name of the manufacturer, at the time of manufacture
and, if the manufacturer is an entity, its legal name;
(amended 2000/12/01; previous version)(b) the manufacturer’s model designation
describedidentified in the type certificate or equivalent document;(c) the type certificate number or equivalent designation, if applicable;
the aircraft serial number
- Date de modification :