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 pilots, who are qualified experimental and production test pilots, working for hire or reward for Diamond Aircraft Industries, 1560 Crumlin Sideroad, London, Ontario, Canada, N5V 1S2, from the requirements set out in paragraphs 401.03(1)(a) and (d) of the Canadian Aviation Regulations (CARs) pertaining only to the type rating, subject to the following conditions.
Paragraphs 401.03(1)(a) & (d) stipulate that a person shall not act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless the person holds the appropriate permit, licence or rating and the person can produce the permit, licence or rating, and the certificate, when exercising those privileges.
Section 401.03 is reproduced in Appendix A.
PURPOSE
The purpose of this exemption is to allow all qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries to exercise the privilege of acting as pilot-in-command or co-pilot of any aeroplane manufactured by Diamond Aircraft Industries without a type rating for the aeroplane that is being operated under an experimental or special purpose flight permit. It is currently not possible to obtain a type rating on aeroplanes that are experimental and for which a Canadian type approval or a Canadian approved type certificate has not been issued. In the case of new aircraft, it is not possible to obtain a type rating until the aircraft has been issued a Canadian type approval or a Canadian approved type certificate.
APPLICATION
This exemption applies to qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries while operating an aeroplane that requires a type rating and is manufactured by Diamond Aircraft Industries, and that is being flight tested and operated under the authority of an experimental or specific purpose flight permit.
CONDITIONS
This exemption is subject to the following conditions:
The pilot exercising the duties of a pilot-in-command or co-pilot shall provide Diamond Aircraft Industries with evidence of holding a valid foreign or Canadian Commercial Pilot Licence-Aeroplane Category or Airline Transport Pilot Licence – Aeroplane Category and have the experience and qualifications as set out in the Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT).
Each pilot shall hold a valid and appropriate medical certificate.
Each pilot shall be approved by Diamond Aircraft Industries in accordance with the requirements set out in the Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT).
Flight testing shall be carried out in accordance with the Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT) which has been approved by the Minister.
No persons, other than the essential flight crew members required for the purposes of flight testing or media personnel in the case of a demonstration flight, shall be carried on board the aircraft.
Each pilot shall carry a copy of this exemption which shall form part of his or her licensing documents.
Prior to entry into foreign airspace, the pilot shall have obtained 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:
April 30, 2019 at 23:59 (EDT);
the date on which any condition set out in this exemption is breached; or
the date on which this exemption is canceled in writing by the Minister where she 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 1st day of August 2014, on behalf of the Minister of Transport.
[Original signed by Aaron McCrorie for]
Martin J. Eley
Director General
Civil Aviation
Appendix A
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.
(1.1) No person shall exercise the privileges of a foreign licence validation certificate unless the person
(a) holds the appropriate foreign licence validation certificate;
(b) has signed the certificate; and
(c) can produce the certificate when exercising those privileges.
(2) A person who holds a military flight crew permit, licence or rating or a flight crew permit, licence or rating issued by a contracting state other than Canada may act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating for the sole purpose of the person’s flight test where
(a) the test is conducted in accordance with section 401.15; and
(b) no passenger is carried on board the aircraft.
- Date de modification :