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 from Paragraph 605.33(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Paragraph 605.33(2) states that Subject to section 605.34, no person shall conduct a take-off in a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and for which two pilots are required by the aircraft type certificate or by the subpart under which the aircraft is operated, unless the aircraft is equipped with a cockpit voice recorder (CVR) that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 – Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards. (amended 2003/09/01; previous version)
PURPOSE
Where aircraft are being operated using the single-pilot Instrument Flight Rules (IFR) authority of Section 703.86 of the CARs, the situation arises where the required auto-pilot becomes unserviceable and the aircraft then requires two pilots and hence, a CVR. The purpose of this exemption is to allow Canadian air operators and flight crew members who operate multi‑engined, turbined-powered aircraft under the single-pilot IFR authority Section 703.86 of the CARs to continue to operate for a maximum period of 90 days without a CVR following the failure of the auto-pilot.
APPLICATION
This exemption applies to Canadian air operators and flight crew members who operate multi-engined, turbine-powered aircraft under the single-pilot authority of Section 703.86 of the CARs.
CONDITIONS
This exemption is subject to the following conditions:
- the aircraft shall be a multi-engined, turbine-powered aircraft which had been operating under the single-pilot authority of Section 703.86 of the CARs at the time of the failure of the auto-pilot;
- the flight crew shall consist of two pilots who meet the qualifications of Section 703.88 of the CARs;
- documentation shall be carried on board the aircraft certifying the date on which the auto‑pilot became unserviceable;
- following the failure of the auto-pilot, an aircraft which had been operating under the single pilot IFR authority Section 703.86 of the CARs shall continue to operate for a period no longer than 90 days; and
- a copy of this exemption shall be carried on board the aircraft at all times.
VALIDITY
This exemption is in effect until the earliest of the following:
- April 30, 2008; 11:59 EDT
- the date on which any of the conditions set out in this exemptions 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 that it is likely to affect aviation safety.
Dated at Ottawa this 27th day of November, 2006 on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by
Merlin Preuss
Director General
Civil Aviation