EXEMPTION FROM Paragraphs 602.128 (2)(a) and (3)(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 affect aviation safety, I hereby exempt pilots-in-command of IFR aircraft from the requirements set out in paragraphs 602.128(2)(a) and (3)(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 602.128 (2)(a) prohibits pilots-in-command of IFR aircraft from descending below the decision height, in the case of CAT I or II precision approach, unless the required visual reference necessary to continue the approach to land has been established.

Paragraph 602.128 (3)(a) requires pilots-in-command of IFR aircraft conducting a CAT I or II instrument procedure to initiate a missed approach procedure at decision height unless the required visual reference has been established.

PURPOSE

The purpose of this exemption is to permit pilots-in-command of IFR aircraft to conduct instrument approach and landing operations using an approach procedure with vertical guidance (APV), that utilizes lateral and vertical guidance but does not meet the requirements established for precision approach and landing operations.

The purpose of this exemption is also to allow pilots-in-command of IFR aircraft, in the case of a CAT I or II precision approach or an approach procedure with vertical guidance, to continue the final approach below the decision altitude/height when the required visual reference necessary to continue the approach to land has been established. The decision altitude (DA) or decision height (DH) being a specified altitude or height in the precision approach or approach with vertical guidance at which a missed approach must be initiated if the required visual reference to continue the approach has not been established.

APPLICATION

This exemption applies to any pilot-in-command of an IFR aircraft conducting a CAT I or II precision approach or an approach procedure with vertical guidance.

CONDITIONS

  1. No pilot-in-command of an IFR aircraft shall, unless the required visual reference necessary to continue the approach to land has been established, in the case of a CAT I or II precision approach, or an approach procedure with vertical guidance, continue the final approach descent below the decision altitude/height.
  2. Where the pilot-in-command of an IFR aircraft conducting an instrument approach does not establish the required visual reference referred to in condition (1) above, the pilot-in-command shall initiate a missed approach procedure in the case of a CAT I or II precision approach procedure, or an approach procedure with vertical guidance, at decision altitude/height.

VALIDITY

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

  1. June 30, 2006, 23:59 EDT;
  2. the date on which the appropriate amendment to the Canadian Aviation Regulations comes into effect;
  3. the date on which any condition set out in this exemption is breached; or
  4. 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 affect aviation safety.

Dated at Ottawa, Ontario this 21st day of January, 2005, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :