EXEMPTION FROM PARAGRAPH 401.03(1)(a) OF THE CANADIAN AVIATION REGULATIONS

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 Mr. James Manton, Engineering Test Pilot, Aircraft Certification, working for hire or reward for Transport Canada, Government of Canada, Tower C, Place de Ville, 330 Sparks, 3rd floor, Ottawa, Ontario K1A 0N8, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs) in accordance with the purpose and application set out below and subject to the following conditions.

Paragraph 401.03(1)(a) states that no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless the person is the holder of, and can produce while so acting and while exercising such privileges, the appropriate permit, licence or rating.

Purpose

The purpose of this exemption is to allow Mr. James Manton to exercise the privilege of acting as pilot-in-command or co-pilot of any aeroplane for the purpose of airworthiness flight testing without a type rating for the aeroplane that is being flight tested. This exemption is required because ratings for aeroplanes being flight tested are either unavailable or inappropriate.

Application

This exemption applies to Mr. James Manton, holder of Airline Transport Pilot Licence - Aeroplane AA 315180, working for hire or reward for Transport Canada, Government of Canada and exercising the privilege of acting as pilot-in-command or co-pilot of any aeroplane for the purpose of airworthiness flight testing aeroplanes for Transport Canada.

Conditions

This exemption is subject to the following conditions:

  1. A valid Airline Transport Pilot Licence - Aeroplane shall be held by Mr. James Manton while employed by Transport Canada;
  2. No passengers shall be carried on board;
  3. This exemption shall form part of Mr. James Manton’s licensing documents and shall be carried with his licensing documents; and
  4. For flights outside of Canadian airspace, authority to operate under this exemption shall be received from the Civil Aviation Authority of the state whose territory is being entered prior to entry.

Validity

This exemption is in effect until the earliest of the following:

  1. the date on which Mr. James Manton no longer works for hire or reward for Transport Canada, Government of Canada;
  2. 0001 UTC, July 15, 2004;
  3. the date on which any condition set out in this exemption is breached; or
  4. the date on which this exemption is canceled 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 this 21st day of January 2003, on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

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