EXEMPTION FROM PARAGRAPH 602.128(4)(b) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 3.5.1(c) OF THE MANUAL OF ALL WEATHER OPERATIONS

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 Canadian air operators and flight crew members employed by that air operator, who are approved to conduct instrument approaches to Category II or Category III limits, from the requirements set out in paragraph 3.5.1(c) of The Manual of All Weather Operations (MAWOPS) – TP 1490 made pursuant to paragraph 602.128(4)(b) of the Canadian Aviation Regulations (CARs).

(Landing Minima)

The requirements of paragraph 3.5.1(c) of the MAWOPS – TP 1490 and those of paragraph 602.128 (4)(b) of the CARs are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit Canadian air operators and flight crew members employed by that air operator, to exceed the crosswind limits of ten (10) knots, as required in Paragraph 3.5.1(c) of MAWOPS – TP 1490, provided it does not exceed the crosswind limitations for these procedures, as stated in the applicable Aircraft Flight Manual(s) (AFM).

APPLICATION

This exemption applies to Canadian air operators and flight crew members employed by that air operator, who are approved to conduct limited visibility instrument approaches in accordance with the criteria specified under Subpart 2 of Part VI of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. The flight crew members shall have had received the training and pilot certification specified in the MAWOPS - TP1490, (Categories II and III) and in the Paragraphs 725.124(37)(a), (b) and (c) of the Commercial Air Service Standards (CASS). (Note: The requirements of subsection 725.124(37) of the CASS – Training Standards are detailed in Appendix A to this exemption.)
  2. The crosswind component on the landing runway shall not be greater than the limit specified in the AFM for CATII/III approaches or, if no limit is specified in the AFM, fifteen (15) knots.
  3. The aircraft shall be operated in accordance with the procedures, the equipment requirements and the limitations specified in MAWOPS – TP 1490 and approved by Transport Canada for that Canadian air operator.
  4. A copy of this exemption shall be inserted in the Company Operations Manual.

VALIDITY

This exemption will come into effect on February 2, 2006 at 00:01 EST until the earliest of the following:

  1. 23:59 EST on May 15, 2007;
  2. The date on which an amendment to the paragraph 3.5.1(c) of the MAWOPS – TP 1490 comes into effect;
  3. The date on which any of the conditions 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 it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 28th day of November, 2005, on behalf of the Minister of Transport.

Original signed by Dave Biehn

For

Michel Gaudreau
Director
Commercial Business Aviation

APPENDIX A

Paragraph 602.128(4)(b) of the CARs

Landing Minima

602.128 […]

(4)

 Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless

  1. the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
  2. the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

CASS 725.124

(37) Category II and III Operations

  1. Ground Training
    1. operational characteristics, capabilities, and limitations of the CAT II/III ground system and the aeroplane system ;
    2. resolution of the DH/AH;
    3. visual cues; and
    4. crew duties during normal, abnormal, and emergency situations
  2. Initial training for the pilot-in-command, synthetic training device
    (amended 1998/03/23; previous version)
    1. two approaches, one of the approaches to be in an engine out configuration if the air operator's equipment is so certified and is approved to perform the manoeuvre;
    2. a missed approach from the lowest minima, as applicable;
    3. an automatic landing from one of the approaches or manual landing as appropriate, at the maximum crosswind authorized; and
    4. for those CAT III operations predicated on the use of a fail-passive rollout control system, a manual rollout using visual reference or a combination of visual and instrument references.
  3. Annual training for the pilot-in-command, synthetic flight training device
    (amended 1998/03/23; previous version)
    1. one category II or III approach to a landing; and
    2. a missed approach from the lowest applicable minima.
      […]

[TP 1490] Manual of All Weather Operations - 3rd Edition (MAWOPS)

[…]

3.5 Operating Limitations

3.5.1 An operator applying for CAT II/III certification will be required to have a section in their operations manual assigned specifically to this subject. This portion is to stipulate, among other things, conditions that must be met before an approach to CAT II/III minima may be commenced. An ILS approach to CAT II/III minima shall not be commenced unless Air Regulations s. 555 and the following requirements are complied with:

the cross-wind component on the landing runway is 10 KT or less. For rotorcraft the carrier shall establish in their operations manual acceptable cross-wind component for each type certified for CAT II/III;…

 

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