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 the persons listed hereinafter, who are Certified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries, 1560 Crumlin Sideroad, London, Ontario, N5V 1S2, 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, subject to subsection (2) and sections 401.19 to 401.27, no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating, or a foreign licence validation certificate 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 permit persons listed hereinafter to exercise the privilege of acting as pilot-in-command or co-pilot of any aeroplane manufactured by Diamond Aircraft Industries without a rating for the aeroplane that is being operated under an experimental or special purpose flight permit. 

Application

This exemption applies to the persons listed hereinafter who are employed by Diamond Aircraft Industries for hire or reward in order to operate any aeroplane manufactured by Diamond Aircraft Industries that is being flight tested or operated under the authority of an experimental or specific purpose flight permit. 

Names Certificate or Licence
Giorgio Clementi # CA 2446216 (United States)
Daniel Ribeiro # AA 04977 (Brazil)
Anthony Brown # AA 175925 (Canada)

Conditions

This exemption is subject to the following conditions:

  1. For Pilot-in-Command duties, each person shall hold a valid foreign or Canadian Commercial Pilot Licence-Aeroplane Category or Airline Transport Pilot Licence – Aeroplane Category; and
    1. have a minimum of 3000 hours experience in Aeroplanes; or
    2. have a minimum of 2000 hours experience in Aeroplanes and be a graduate of a formally recognized Flight Test School;
  2. Only essential crew members necessary for the purpose of experimental test flights shall be carried, no passengers (Appendix A);
  3. A copy of this exemption shall form part of the licensing documents carried by each person;
  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 into the territory.

Validity

This exemption comes into effect on May 1, 2007 at 00:01 EST until the earliest of the following:

  1. October 15, 2008; at 23:59 EST;
  2. The date on which any condition set out in this exemption is breached;
  3. The date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect; 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, Ontario, Canada this 7th day of  May 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Franz Reinhardt for

Merlin Preuss
Director General
Civil Aviation

APPENDIX  A

Interpretation 

Crewmember – means a person assigned to duty in an aircraft during flight. (CAR 101.01) 

Passenger - means a person, other than a crewmember, who is carried onboard an aircraft. (CAR 101.01)

Date de modification :