EXEMPTION FROM PARAGRAPH 602.25(2)(b) OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt private helicopter operators that hold a Private Operator Certificate (POC) issued by the Canadian Business Aviation Association (CBAA) from the requirements of paragraph 602.25(2)(b) of the Canadian Aviation Regulations (CARs). This exemption is subject to the following conditions.

Paragraph 602.25(2)(b) of the CARs stipulates that no pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless the flight is authorized under Subpart 603 of the CARs or the entering or leaving is permitted in accordance with section 702.19 of the CARs.

Purpose

The purpose of this exemption is to allow the pilot-in-command of a helicopter to authorize a person to enter or leave the helicopter during flight when the helicopter is operated pursuant to a POC issued by the CBAA.

Application

This exemption applies only to pilots-in-command of helicopters conducting operations pursuant to a POC issued by the CBAA.

Conditions

This exemption is subject to the following conditions: The pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight, provided the following conditions are met:

1. The holder of the POC shall conduct a risk analysis of the intended operations and design, document and implement procedures to mitigate residual risks.

2. The risk analysis and procedures shall be reviewed by a CBAA – accredited auditor.

3. The operator's POC shall be annotated by the CBAA to reference this exemption.

4. In addition, the following restrictions apply:

   1. the helicopter shall be operated at a low hover;

   2. the person shall be able to enter directly from or alight directly onto the supporting surface;

   3. operations shall be conducted under day VFR conditions while the helicopter maintains a stabilized hover;

   4. the longitudinal and lateral centre of gravity shall be calculated for embarking and disembarking operations and shall not exceed the limitations of the applicable flight manual;

   5. the operating weight shall be calculated and shall not exceed the applicable weight/attitude/temperature (WAT) hover performance charts for the helicopter type and configuration at the operating altitude;

   6. persons to be embarked or disembarked shall be instructed on related hazards and techniques;

   7. any equipment or cargo to be loaded or unloaded shall be secured to prevent shifting in flight except during loading and unloading. Cargo or equipment shall not be loaded or unloaded from a baggage compartment remote from the main cabin unless the applicable centre of gravity calculation is completed and cargo handlers have been instructed on procedures; and

   8. the private operator's Company Operations Manual shall include embarking and disembarking operational procedures, briefing procedures and crew member training requirements.

5. Crew member training shall at a minimum, include the following:

   1. Ground Training:

      1. briefing procedures for persons to be embarked or disembarked, including procedures for loading of equipment;

      2. calculation of weight and centre of gravity limits including calculation of C of G change.

   2. Flight Training:

      1. precision hovering at gross weight with centre of gravity at lateral limits;

      2. precision hovering while persons disembark, load equipment and embark.

Validity

This exemption is in effect until the earliest of:

1. 23:59 (EST) on July 31^st, 2006;

2. the date on which any one of the conditions set out in this exemption is breached;

3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or

4. the date on which this exemption is cancelled in writing by the Minister, where he is of the opinion it is no longer in the public interest, or is likely to have an adverse affect on aviation safety.

Dated

at Ottawa, Canada this 2^nd day of February 2005, on behalf of the Minister of Transport.

Originator signed by Franz Reinhardt

for

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2005-03-1