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

From: Transport Canada

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 all certified experimental and production test pilots working for hire and reward for Bombardier Aerospace, Learjet Inc. (hereinafter "Bombardier Aerospace"), P. O. Box 7707, Wichita, KS 67277-7707 United States, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs), 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 or a foreign licence validation certificate unless, subject to subsection (2) and Sections 401.19 to 401.27, the person is the holder of, and can produce while so acting and while exercising those privileges, the appropriate permit, licence or rating and a valid and appropriate medical certificate.

In this exemption

"CERTIFIED TEST PILOTS" - means pilots certified by Bombardier Flight Test Centre to have completed the appropriate Aeroplane Type familiarization ground school and
the appropriate Aeroplane Type Flight Crew (Pilot) Initial Position Check Knowledge Test.

Purpose

The purpose of this exemption is to permit all certified experimental and production test pilots working for hire or reward for Bombardier Aerospace to exercise the privileges of acting as a pilot-in-command or co-pilot of any aeroplane manufactured by Bombardier Aerospace without a rating for the aeroplane that is being operated under an experimental or special purpose flight permit.  Presently, it is not possible to obtain a type rating on aeroplanes that are experimental and for which a Canadian type approval or a Canadian approved type certificate has not been issued.  Additionally, the type rating is not an appropriate rating for flight test operations performed with aircraft operating under a Flight Permit.

Application

This exemption applies to all certified experimental and production test pilots working for hire or reward for Bombardier Aerospace while operating any aeroplane manufactured by Bombardier Aerospace that is being flight tested or operated under the authority of an experimental or specific purpose flight permit.

Conditions

This exemption is subject to the following conditions:

  1. the pilot exercising the duties of Pilot-in-Command, shall provide Bombardier Aerospace with evidence of holding a valid United States Airline Transport Pilot Certificate - Aeroplane Category or a Canadian 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, namely: United States Air Force Test Pilot School, Edwards Air Force Base, California, USA., United States Navy Test Pilot School, Naval Air Station Patuxent River, Maryland USA., L'École du Personnel Navigant d'Essais et de Réception (EPNER), Istres, France., Empire Test Pilot School, Royal Air Force Station Boscombe Down, United Kingdom., National Test Pilot School, Mojave, California, USA;
  2. the pilot exercising the duties of Co-pilot  shall provide Bombardier Aerospace with evidence of holding a valid United States Commercial Pilot Certificate - Aeroplane Category or a Canadian Commercial Pilot Licence - Aeroplane Category;
  3. each pilot shall be certified by Bombardier Flight Test Centre to have completed the following:
    1. the appropriate Aeroplane Type familiarization ground school; and
    2. the appropriate Aeroplane Type Flight Crew (Pilot) Initial Position Check Knowledge Test;
  4. each pilot shall hold a valid multi-engine instrument rating;
  5. no passengers shall be carried on board other than media personnel for the purpose of reporting on the aircraft performance and characteristics;
  6. a copy of this exemption shall form part of the licensing documents carried by each  test pilot; and
  7. 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.

EXEMPTION CANCELLATION

The exemption NCR/RCN # 156-2007 from paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CAR), issued to Bombardier Aerospace, Learjet Inc. P. O. Box 7707, Wichita, KS 67277-7707 United States, on February 27, 2008, at Ottawa by the Director General, Civil Aviation, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest.

Validity

This exemption is in effect until the earliest of:

  1. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations or related Standard, comes into force; or
  2. the date on which any condition set out in this exemption is breached; or
  3. 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 23rd day of February 2009 on behalf of the Minister of Transport, Infrastructure and Communities

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

Report a problem with this page

Date modified: