EXEMPTION FROM PARAGRAPH 804.01(c) OF THE CANADIAN AVIATION REGULATIONS AND FROM CHAPTER 7 OF THE MANUAL OF SURFACE WEATHER OBSERVATIONS

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 persons who provide aviation weather services, that have met the criteria and application set out below, from the requirements of Chapter 7 of the Manual of Surface Weather Observation made pursuant to paragraph 804.01(c) of the Canadian Aviation Regulations, subject to the following conditions.

PURPOSE

The purpose of this exemption is to allow service providers to report meteorological observations consisting of the Estimation of Wind Direction and Speed For the Purposes of Supporting A Straight in Landing From An Instrument Approach.

CRITERIA AND APPLICATION

Criteria

Persons providing aviation weather services must have met the following criteria in order to operate under the authority of this exemption:

  1. the aviation weather service must be estimates of wind direction and speed provided by a qualified person in accordance with annex A;
  2. the aviation weather service must consist only of the meteorological observations of the meteorological element of wind direction and speed.
  3. this exemption does not apply to:
    1. pilots who meet the requirements of Subpart 602 of the Canadian Aviation Regulations;
    2. persons providing services in accordance with paragraph 804.01 (c) of the Canadian Aviation Regulations and Chapter 7 of the Manual of Surface Weather Observations;
    3. persons providing services in accordance with the exemption to subpart 804 pertaining to Meteorological Observations Measured by Automatic Instrumentation of Wind, Temperature, Humidity or Atmospheric Pressure.

Application

This exemption applies to persons who have met the above criteria and the following application conditions.

  1. A service provider shall give written notification to the Minister, in advance of commencing to provide these services, of the intent to operate under the authority of this exemption.
  2. Where a service provider is already providing services on the date that this exemption comes into effect and the service provider wishes to operate under the authority of this exemption, the service provider shall immediately notify the Minister in writing of the service provider's intent and, upon reasonable notice, shall provide the Minister with documentation that meets the requirements of section 4.
  3. The service provider shall obtain authorization to provide meteorological reports of estimated wind direction and speed from the operator of the aerodrome where the services are being provided, and shall notify the operator of the aerodrome of any change to the service being provided.
  4. The notification of intent to provide service under the authority of this exemption shall include the following information:
    1. the name, address and telephone number (and e-mail address, as applicable) of the service provider;
    2. the name, geographical coordinates, location indicator and address (and e-mail address, as applicable) of the aerodrome or station where the meteorological observations will be provided;
    3. the name, address and telephone number of the person with whom the service provider has entered an agreement to provide meteorological observations;
    4. the schedule (including specification of an 'on request' basis, as applicable), at which meteorological reports of wind direction and speed will be provided as established by the service provider;
    5. the manufacturer, model and serial number of the aids to be used in the estimation of wind direction and speed;
    6. the documentation of any irregularities with respect to the aids or location by and for which estimation of wind direction and speed is made;
    7. method(s) by which meteorological reports of wind direction and speed will be disseminated.

CONDITIONS

This exemption is subject to the following conditions:

  1. Each person providing meteorological observations under the authority of this exemption, must do so in accordance with the conditions in Annex A attached to this exemption.
  2. The service provider shall notify the Minister in writing in advance of making any changes to the information referred to in Section 4 of the "Application" part of this exemption.
  3. A service provider shall notify the Minister in writing prior to making any changes to service already being provided under the authority of this exemption.
  4. The service provider shall notify the Minister in writing if the aviation weather services provided under the authority of this exemption are discontinued.
  5. The service provider shall immediately notify NAV CANADA and the appropriate air traffic services units of any change to the service being provided if that service is used to permit the execution of an instrument procedure that is published in the Canada Air Pilot.
  6. The service provider shall continue complying with all other requirements of paragraph 804.01(c) of the Canadian Aviation Regulations and Chapter 7 of the Manual of Surface Weather Observations not covered by this exemption.

VALIDITY

This exemption is in effect until the earliest of the following:

  1. Midnight EST November 1, 2003.
  2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations and associated standards comes into effect;
  3. the date on which any of the conditions of this exemption is breached; or
  4. the date on which this exemption is canceled, in writing, by the Minister of Transport, 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, Ontario, Canada this 22nd  day of  January 2002, on behalf of the Minister of Transport.

Merlin Preuss
Acting Director General
Civil Aviation

ANNEX A

DEFINITIONS

In this Exemption,

"qualified person" means a person who meets the requirements of this exemption

"service provider" means any person providing aviation weather services pursuant to this exemption.

1. WIND DIRECTION AND SPEED OBSERVATIONS AND REPORTS

1.1 No person shall assess wind direction and speed in support of a straight in landing from an instrument procedure unless the aerodrome has a wind direction indicator that meets the requirements of subsection 301.06 of the Canadian Aviation Regulations.

1.2 The wind direction indicator pursuant to 1.1 shall have a functioning light source should the meteorological observation be made at night.

1.3 The wind direction and speed shall be specifically stated as "estimated" unless measured in accordance with paragraph 804.01 (c) of the Canadian Aviation Regulations and Chapter 7 of the Manual of Surface Weather Observations.

1.4 The service provider shall obtain authorization to report station wind direction and speed from the operator of the aerodrome or station, where the services are being provided, and shall notify the operator of the aerodrome or station of any change to the level of service being provided.

1.5 All meteorological reports of estimated wind direction and speed shall contain the following information:

  1. aerodrome or station name or location identifier;
  2. time of the meteorological observation, to the nearest minute;
  3. notice that the wind direction and speed are "estimated."
  4. whether the wind direction is based on true or magnetic direction.

1.6 The qualified person shall immediately report the wind direction and speed as assessed and the time of the observation to the nearest minute in accordance with 1.5, to the person who requested the report.

1.7 The meteorological observation of wind direction and speed shall be considered current for a period not exceeding ten minutes.

1.8 The qualified person shall not report any other elements of a meteorological report unless done so in accordance with Subpart 804 of the Canadian Aviation Regulations.

1.9 The meteorological report shall, as closely as possible, reflect the conditions existing at the actual time of the meteorological observation.

Wind Direction and Speed Estimation

2.1 Wind direction and speed shall be estimated;

  1. by a qualified person,
  2. only to the nearest 8 points of the compass from which it is blowing,
  3. based on its effects upon the aerodrome wind direction indicator(s) or from out-of-doors in an exposed location its effects upon the qualified
    person using the Beaufort wind scale.

2. QUALITY CONTROL AND DOCUMENTATION

2.1 The service provider shall establish and maintain documentation containing:

  1. the location and type and characteristic of the wind direction indicator(s) at the aerodrome or station;
  2. contact information for the service provider and the person providing maintenance services for wind direction indicator(s);
  3. a listing and description of the proper use of all appropriate and available aids, including any instrumentation not in accordance with paragraph 804.01 (c) of the Canadian Aviation Regulations and Chapter 7 of the Manual of Surface Weather Observations, used in estimating the wind direction and speed;
  4. a record of each estimate of wind direction and speed report provided for at least the previous 30 days;
  5. the schedule of meteorological observations and reports;
  6. the identification of each qualified person(s) authorized by the service provider to make meteorological observations;
  7. a record of the training provided to the qualified persons authorized in accordance with subparagraph (f);
  8. the currency requirements for the qualified person(s);
  9. the practices and procedures to be followed by the qualified person(s).

2.2 The service provider shall provide to the Minister, upon reasonable notice given by the Minister, a copy of the documentation required by 2.1 i).

2.3 The documentation of the practices and procedures established by the service provider for the qualified person(s) in accordance with 3.1 shall be kept up-to-date and made readily available to the qualified persons performing these duties.

3. QUALIFICATIONS AND TRAINING

3.1 The training to estimate wind direction and speed shall ensure, at a minimum, that the qualified person:

(a) understands and has successfully demonstrated, under practical conditions, correct procedures for using all appropriate aids to estimate the wind direction and speed, including as applicable:

  1. use of the aerodrome or station wind direction indicator(s);
  2. use of the Beaufort wind scale;
  3. use of any instrumental aids; and
  4. all other available and appropriate aids;

(b) has demonstrated an estimation accuracy that differs by no more than one scale of the Beaufort wind scale or equivalent, from the actual wind speed;

(c) understands and has demonstrated, under practical conditions, how to estimate and report the wind direction and speed;

(d) understands the difference between true and magnetic compass directions and when and how to use each, as applicable;

(e) knows the orientation and numbering of the runway(s) at the aerodrome;

(f) has demonstrated knowledge, to at least the 8 points of the compass, of the directions from the point of observation;

(g) understands and has demonstrated correct use of dissemination procedures for meteorological reports in accordance with section 1.5;

(h) understands the need to keep the wind direction indicator in good condition and free from accumulations of ice, snow, nesting activity or other objects and knows the contact procedures to initiate maintenance, as necessary.

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