NCR-095-2016
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 all flight test pilots authorized to act on behalf of the Minister as Design Approval Representatives (DAR) from the rating requirement only set out in paragraphs 401.03(1)(a), (b) and (d) of the Canadian Aviation Regulations (CARs), subject to the following conditions.
Subsection 401.03(1) of the CARs is reproduced in Appendix A.
Purpose
The purpose of this exemption is to allow all flight test pilots authorized by the Minister as Design Approval Representatives (DAR) to exercise the privileges of acting as pilot-in-command or co-pilot of any aircraft, in the aircraft category endorsed on the pilot’s licence, without having a rating for the aircraft that is being operated, while conducting airworthiness flight testing of the aircraft.
Application
This exemption applies to all flight test pilots authorized to act on behalf of the Minister as DAR authorized by the Minister pursuant to section 505.111 of Chapter 505 of the Airworthiness Manual while exercising the privilege of acting as pilot-in-command or co pilot of any aircraft in the aircraft category endorsed on the pilot’s license, for the purpose of conducting airworthiness flight testing of the aircraft pursuant to privileges conferred in section 505.113 or modified pursuant to section 505.123 and within the limitations set out in section 505.115 of Chapter 505 of the Airworthiness Manual.
This exemption does not apply to a DAR – Flight Test Pilot for which the authorization is no longer effective or has been withdrawn by the Minister.
This exemption does not apply to a DAR – Flight Test Pilot who has breached one of the conditions.
Conditions
This exemption is subject to the following conditions:
- The DAR Flight Test Pilot shall hold a valid Airline Transport Pilot Licence (ATPL) or Commercial Pilot Licence (CPL) in the aircraft category endorsed on the pilot’s licence for the aircraft being flight-tested.
- The DAR Flight Test Pilot shall maintain the minimum currency requirements set out in the CARs, or in the applicable approved Company Operations Manual (COM) or in the applicable approved Flight Test Operations Manual (FTOM), whichever is more stringent.
- Only essential crew members necessary for the purpose of conducting airworthiness flight testing shall be carried on board the aircraft.
- The DAR Flight Test Pilot shall carry a copy of this exemption and a copy of the signed Letter of Authorization, which shall form part of the licensing documents of the pilot.
- For a flight outside of Canadian airspace, and prior to entry into foreign airspace, the DAR Flight Test Pilot shall obtain the authority to operate under this exemption from the Civil Aviation Authority of the state whose territory is being entered.
Validity
This exemption is in effect until the earliest of the following:
- a) March 31, 2022 at 23:59 EST;
- b) 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 is likely to adversely affect aviation safety.
Dated at Ottawa, Ontario, this 25th day of May 2017, on behalf of the Minister of Transport.
“Original signed by”
Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation
Appendix A
Canadian Aviation Regulations
Requirement to Hold a Flight Crew Permit, Licence or Rating or a Foreign Licence Validation Certificate
401.03(1) Subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless
- (a) the person holds the appropriate permit, licence or rating;
- (b) the permit, licence or rating is valid;
- (c) the person holds the appropriate medical certificate; and
- (d) the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.
- Date modified: