Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt The Hershey Company, 602 Airport Drive, Middletown, PA, USA 17057 and its flight crewmembers, from the requirements set out in paragraph 602.126(1)(c) of the Canadian Aviation Regulations, subject to the conditions below.
Paragraph 602.126(1)(c) states that no pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).
The purpose of this exemption is to allow all pilots-in-command working for reward or hire at the Hershey Company to operate its U.S. registered aircraft to “Take-off Minima Reported Visibility RVR 1,200 feet or ¼ SM Visibility” at Canadian airports.
This exemption applies to the Hershey Company, 602 Airport Drive, Middletown, PA, USA 17057 and its flight crewmembers when operating its U.S. registered aircraft in Canada.
This exemption is subject to the following conditions:
- An aerodrome used as take-off alternate shall be specified in the IFR flight plan and that aerodrome shall be located:
- in the case of a twin-engined aircraft, within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed; or
- in the case of an aircraft with three or more engines, within the distance that can be flown in 120 minutes at the one-engine-inoperative cruise speed.
- The take-off alternate aerodrome weather minima shall meet the alternate requirements set out in the Canada Air Pilot.
- For each aerodrome at which the exemption is to be used, the Hershey Company and the pilot-in-command shall determine the significant obstructions which exist in the take-off path and determine by the use of the approved aircraft performance charts that the aircraft will safely clear obstructions on the take-off path and maintain at least the minimum en-route altitude to the take-off alternate, with the critical engine inoperative.
- The Operations Manual shall contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance.
- The runway shall be equipped as detailed in the Manual of Aerodrome Standards and Recommended Practices (TP 312) with serviceable and functioning high intensity runway lights, runway centre line lights, or runway centerline markings that are plainly visible to the pilot throughout the take-off run.
- Before commencing take-off, the pilot-in-command shall be satisfied that the required RVR 1,200 feet or ¼ SM visibility exists for the runway to be used.
- The attitude indicators on the aircraft for the pilot-in-command and second-in-command shall incorporate pitch attitude index lines in appropriate increments above and below reference line to at least 15 degrees, and provide a ready depiction of total aircraft attitude. The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative. For the purpose of reduced visibility take-offs, essential instruments are defined as attitude indicators, directional gyros and HSI’s (Horizontal Situation Indicator).
- The chief pilot shall have certified that the pilot-in-command is competent to conduct a RVR 1,200 feet or ¼ SM take-off.
- The Hershey Company shall notify the Minister of Transport of the new aircraft registration within 10 working days after a change to the aircraft registration.
- The Hershey Company shall ensure that a copy of this exemption is carried on board its aircraft while operating in Canadian domestic airspace.
This exemption is in effect until the earliest of the following:
- December 31, 2012 at 23:59 EST;
- the date on which any condition 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 17 day of January 2011, on behalf of the Minister of Transport.
Original signed by Wayne Chapin
January 17, 2011
Foreign Inspection Division
- Date de modification :