Exemption from Paragraph 700.02(2)(a) 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 adversely affect aviation safety, I hereby exempt the Commemorative Air Force (hereinafter “CAF”), Arizona Wing, 2017 N. Greenfield Road, Mesa, AZ 85215 and its pilots-in-command, from the requirement set out in paragraph 700.02(2)(a) of the Canadian Aviation Regulations, subject to the conditions set out below.

Paragraph 700.02(2)(a)states:Subject to subsections (3) and (4), no person shall, unless the person holds and complies with the provisions of an air operator certificate that authorizes the person to do so, operate an aeroplane or helicopter to conduct aerial work involving : (a) the carriage on board of persons other than flight crew members.

INTERPRETATION

In this exemption,

"Special Certificate of Airworthiness - Limited" -  means a Certificate of Airworthiness issued to ex-military aircraft that were manufactured 30 years ago or more and for which continued airworthiness support is no longer provided by the manufacturer.

PURPOSE

This exemption authorizes CAF Arizona Wing to operate an aeroplane or helicopter to conduct aerial work involving the carriage of persons other than flight crew members and recover costs associated with fundraising flights for charitable organizations.

APPLICATION

This exemption applies to CAF Arizona Wing and its pilots-in-command, while operating in Canadian airspace.

CAF Arizona Wing and its pilots-in-command shall not engage in the transportation of passengers on a unit toll (fare per person), or from a point-to-point basis flights. The “carriage of persons” is restricted to take-off and landing at the same aerodrome.  As part of personal safety requirements, passengers are restricted to those 12 years of age and older, who are capable of understanding the aircraft safety features and emergency procedures being conveyed to them during the pre-flight briefing.

CONDITIONS

This exemption is subject to the following conditions:

GENERAL:

  1. CAF Arizona Wing and its pilots-in-command shall at all times comply with all relevant provisions of the Canadian Aviation Regulations not specifically exempted in this legal instrument.

  2. Prior to these flights all passengers must be advised that these aircraft are operated in accordance with a Ministerial exemptions from the regulations established for Commercial Air Operators.

  3. A copy of this exemption shall be carried on board and offered for review to passenger(s) prior to each flight.

  4. Any aircraft with Special Certificate of Airworthiness - Limited operated under this exemption must display a placard affixed next to the passenger entrance of the aircraft which states:

WARNING: SPECIAL CERTIFICATE OF AIRWORTHINESS – THIS AIRCRAFT DOES NOT COMPLY WITH INTERNATIONALLY RECOGNIZED AIRWORTHINESS STANDARDS.

AVIS : CERTIFICAT SPÉCIAL DE NAVIGABILITÉ - CET AÉRONEF N’EST PAS CONFORME AUX NORMES DE NAVIGABILITÉ INTERNATIONALES RECONNUES

PILOT QUALIFICATIONS:

  1. Pilots-in-command (PIC) shall meet the following requirements, as applicable:

    1. Aircraft with Type Certificate:

      1. Hold at least a commercial pilot licence and valid medical;

      2. Have at least a total of 500 hours, including 200 hours in the category and class, and 25 hours in the specific aircraft type.

      3. Pilots of tail wheel aircraft shall have at least 50 hours in tail wheel aircraft.

    2. Aircraft with Special C of A - Limited:

      1. Hold at least a commercial pilot licence and valid medical; and as applicable,

        1. PIC - Pilot in Command

          1. 2,500 hours TT, including 1,000 hours Multi-engine/Single engine as appropriate, and 25 hours in the specific aircraft type; or

          2. 1,000 hours TT, including 200 hours Multi-engine or Single-engine as appropriate, and 100 hours with 50 takeoffs and landings in the specific aircraft;

        2. Co-Pilot
          1. 1,500 hours TT, including 250 hours Multi-engine; or

          2. 500 hours TT, including 100 hours Multi-engine, and 25 hours with 10 takeoffs and landings in the specific aircraft type.

  2. Pilot Training:

    1. CAF Arizona Wing and its pilots-in-command shall verify that all pilots conduct “Annual” proficiency training in their type of aircraft used for the carriage of persons.  The training must include but is not limited to, an open book examination on aircraft systems and limitations, and include training flight(s) to ensure proficiency with an instructor qualified on aircraft type, as designated by the CAF Arizona Wing , to review normal and abnormal procedures in accordance with the AFM (Aircraft Flight Manual) or accepted procedures for the aircraft type;

    2. CAF Arizona Wing and its pilots-in-command shall record “initial” and “recurrent” training for each pilot and a summary of training for each pilot with validity dates must be available to the Minister upon request. These records must be retained for a 2 year period.

  3. Aircraft documentation and maintenance

    1. CAF Arizona Wing and its pilots-in-command  shall maintain the aircraft in accordance with an approved maintenance schedule pursuant to CAR 605.86 and the certification of maintenance must be conducted in accordance with CAR 571.10;

    2. CAF Arizona Wing and its pilots-in-command shall operate the aircraft in accordance with the Transport Canada approved AFM or its equivalent document.

  4. Aircraft performance and operations

    1. CAF Arizona Wing and its pilots-in-command shall be restricted to VFR Day/night operations with a minimum of 2500 ft cloud base with 5 miles visibility for day operations and 5000 ft cloud base and 6 miles visibility for night operations with multi-engine aircraft;

    2. CAF Arizona Wing and its pilots-in-command  shall have minimum runway length required based on aircraft performance for take-off and landing in accordance with the AFM where available or in accordance with normal operations for the type. Runway lengths must be adjusted for extreme atmospheric variations and for the absence or failure of performance enhancing devices such as afterburner, thrust reversers, or drag chutes.

  5. In addition to the above, CAF Arizona Wing and its pilots-in-commandare expected to abide by the conditions set out for Historical Aircraft as described in CAF CFAR 60-2 (see Appendix A).

VALIDITY

The exemption is valid until the earliest of the following:

  1. December 31, 2015 at 00:01 EST;

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

  3. the date on which the exemption is cancelled by the Minister in writing where she is of the opinion that it is no longer in the public interest or that it is likely to adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada this 27th day of June, 2014, on behalf of the Minister of Transport.

Original signed by

Martin J. Eley
Director General
Civil Aviation

APPENDIX A

  1. Federal Aviation Regulations (FAR) - Exemption 6802J, dated 13 September 2011.

  2. Commemorative Air Force CAFR 60-1 (Procedures for flight operations) and CAFR 60-2 (Procedures for flight evaluation, boards and pilot qualifications).

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