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 Exploits Valley Air Services Ltd., P.O. Box 355, Gander, NL, A1V 1W7, operating under Part VII, Subpart IV of the Canadian Aviation Regulations (CARs), from the requirements of Paragraphs 704.26(1)(b) and 704.26(3)(b) of the CARs that the operation meet the standards set out in clause 724.26 (1)(b)(i)(A) of the Commercial Air Services Standards (CASS). This exemption is subject to the following conditions:
PURPOSE
Paragraph 704.26(1)(b) of the CARs prohibits the conduct of a take-off in an aircraft in IMC where weather conditions are at or above the take-off minima, but below the landing minima, for the runway to be used, if the person is authorized to do so in an air operator certificate and the person complies with the CASS.
Paragraph 704.26(3)(b) of the CARs permits a person to conduct a take-off in an aircraft in IMC where weather conditions are below the take-off minima specified in the instrument approach procedure, if the person is authorized to do so in an air operator certificate and the person complies with the CASS.
The purpose of this exemption is to allow the air operator, Exploits Valley Air Services Ltd., to depart from St. John's Newfoundland using the Deer Lake, Newfoundland or the Stephenville, Newfoundland airports as takeoff alternates, when the weather at Gander, Newfoundland airport is not suitable for it to be used as a take-off alternate, without having to meet the requirements of paragraphs 704.26(1)(b) and 704.26(3)(b) of the CARs and clause 724.26(1)(b)(i)(A) of the CASS, in accordance with the application, below.
APPLICATION
Take-off where weather conditions are at or above the take-off minima (704.26(1)(b) and 724.26(1)(b)(i)(A)) but below the landing minima
The exemption from paragraph 704.26(1)(b) of the CARs with respect to clause 724.26(1)(a)(i)(A) applies to Beech 1900 model aircraft, when operated by Exploits Valley Air Services Ltd. from the St. John's airport under Subpart 704 of the CARs, pursuant to it's Air Operator Certificate Number 8419.
Take-off in IMC where weather conditions are below the take-off minima (704.26(3)(b) and 724.26(1)(b)(i)(A))
The exemption from paragraph 704.26(3)(b) of the CARs with respect to clause 724.26(1)(b)(i)(A) of the CASS applies to Beech 1900 model aircraft, when operated by Exploits Valley Air Services Ltd. from St. John's airport under Subpart 704 of the CARs, pursuant to it's Air Operator Certificate Number 8419.
CONDITIONS
This exemption is subject to the following conditions:
- A copy of this exemption shall be carried on board the aircraft;
- Exploits Valley Air Services Ltd. shall comply with all other requirements of its air operator certificate, operations specifications, and applicable CARs and CASS.
- Only Deer Lake, Newfoundland or the Stephenville, Newfoundland airports shall be used as take-off alternates.
- The weather forecast for the expected time of arrival at the Deer Lake, Newfoundland airport or the Stephenville, Newfoundland airport shall be equal to or better than the applicable alternate minimum, as set out in the Canada Air Pilot, plus an additional 100 feet in the case of Deer Lake, and an additional 300 feet in the case of Stephenville.
- The aircraft shall be able to fly to the applicable take-off alternate in no more than 90 minutes at the one-engine-inoperative cruise speed.
VALIDITY
This exemption is in effect until the earliest of the following:
- 24:00 Atlantic Daylight Time on May 8, 2006;
- the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect;
- the date on which any of the conditions set out in this exemption is breached; or
- the date on which this exemption is cancelled, in writing, by the Minister, where he is of the opinion it is no longer in the public interest or is likely to affect aviation safety.
Dated at Moncton, New Brunswick, this 18th day of November, 2004, on behalf of the Minister of Transport.
W.J. Malone
Regional Director
Civil Aviation
Atlantic Region
- Date de modification :