EXEMPTION FROM PARAGRAPH 605.33(2)(c) OF THE CANADIAN AVIATION REGULATIONS

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)(c) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 605.33(2)(c) states that no person shall conduct a take-off in the following aircraft unless the aircraft is equipped with a cockpit voice recorder (CVR) that meets the Aircraft Equipment and Maintenance Standards:

After July 31, 1997 or, for an aircraft operated under Part VII, after February 28, 1997, any multi-engined turbine-powered aircraft that has a passenger seating configuration, excluding any pilot seats, of six or more, and for which two pilots are required by the type certificate of the aircraft or the Subpart under which the aircraft is operated.

Purpose

Where aircraft are being operated using the single-pilot 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 of CAR 703.86 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:

  1. 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;
     
  2. the flight crew shall consist of two pilots who meet the qualifications of section 703.88 of the CARs;
     
  3. documentation shall be carried on board the aircraft certifying the date on which the auto- pilot became unserviceable;
     
  4. following the failure of the auto-pilot, an aircraft which had been operating under the single pilot IFR authority of CAR 703.86 shall continue to operate for a period no longer than 90 days;
     
  5. 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:

  1. March 31, 2004;
     
  2. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;
     
  3. the date on which any of the conditions set out in this exemptions is breached;
     
  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 that it is likely to affect aviation safety.

DATED at Ottawa, this 4th day of June 2002, on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

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