EXEMPTION FROM SECTION 602.40 OF THE CANADIAN AVIATION REGULATIONS

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 have an adverse effect on aviation safety, I hereby exempt persons operating aircraft for the purposes of Night Vision Imaging Systems (NVIS) aircraft certification flight tests or NVIS research flights conducted by the National Research Council, Flight Research Laboratory (NRC-FRL) from the requirements set out in section 602.40 of the Canadian Aviation Regulations (CARs) subject to the conditions set out in this exemption.

The requirements of section 602.40 of the CARs are detailed in Appendix A to this exemption.

PURPOSE

This exemption permits persons to land and takeoff in aircraft, for the purposes of NVIS aircraft certification flight tests or NVIS research flights conducted by the NCR-FRL, in areas that do not meet the night lighting requirements for an aerodrome.

APPLICATION

This exemption applies to all persons operating aircraft for the purposes of conducting NVIS aircraft certification flight tests or NVIS research flights conducted by the NRC-FRL. NVIS may include but is not limited to Night Vision Goggles (NVG) and Enhanced Vision Systems (EVS).

CONDITIONS

This exemption is subject to the following conditions:

  1. The Pilot in Command (PIC) shall not use the aircraft to provide a Commercial Air Service.

  2. The PIC shall ensure that only crew members essential for the safe operation of the aircraft and that are necessary to accomplish the flight test or research flight are carried. Carriage of passengers, including non-essential crew members, is prohibited.

  3. For NVIS aircraft certification flight tests, the PIC shall comply with the following conditions:

    1. The flight crew members shall include a Transport Canada Engineering Test Pilot who has received NVIS flight training and is the holder of a current Instrument Rating;

    2. The flight crew members shall also include a company pilot who, at a minimum, is the holder of a Commercial Pilot License (CPL), endorsed with a night rating, and holds a valid Pilot Competency Check (PCC) or Pilot Proficiency Check (PPC) on the type of aircraft being tested;

    3. The aircraft being tested shall be equipped with dual controls and the flight crew members shall fly with reference to NVIS imagery;

    4. Flights specific to NVG shall use NVG that comply with the requirements of RTCA/DO-275, or TSO C-164;

    5. The aircraft being tested shall be assessed for NVG compatibility at altitudes at or above 1000 feet (ft) above ground level (AGL) before being flown at altitudes below 500 ft AGL, including landing at aerodromes that do not meet the requirements of Part III of the CARs;

    6. The flight crew members shall have conducted a daylight flight to the planned test area within the previous two (2) days for familiarization with the test area, obstacles, terrain, and suitable landing areas.  The flight crew members shall check NOTAMS for the planned test area; and

    7. The flight crew members shall use external lights to illuminate areas that could mask obstacles.

  4. For NVIS research flights, the PIC shall comply with the following conditions:

    1. The flight crew members shall include:

      1. an NRC-FRL research pilot who, at a minimum, is the holder of a CPL, endorsed with a night rating, is the holder of a current Instrument Rating, holds a valid PCC or PPC on the type of aircraft being tested, and has received NVG flight training; and

      2. an evaluation pilot;

    2. The aircraft being tested shall be equipped with dual controls and the flight crew members shall fly with reference to NVIS imagery;

    3. For NVG flights, the NRC-FRL research pilot shall wear NVG that meet the requirements of RTCA/DO-275, whereas the evaluation pilot may wear NVG that do not meet the requirements of RTCA/DO-275;

    4. The aircraft used for NVG research shall have NVG compatible lighting installed;

    5. The test area chosen shall be familiar to the NRC-FRL research pilot and shall have been surveyed for suitability for the planned flight, either by having conducted a daylight flight to the planned test area within the previous fifteen (15) days or by having conducted a NVIS research flight in the planned test area within the previous fifteen (15) days.  The flight crew members shall check NOTAMS for the planned test area; and

    6. The flight crew members shall use external lights to illuminate areas that could mask obstacles.

  5. All other requirements of the CARs and incorporated standards, not covered in this exemption, shall be applicable.

  6. The PIC shall carry a copy of this exemption on board the aircraft when operating under the authority of this exemption.

  7.  The PIC shall obtain prior permission of the owner or operator of an aerodrome, where applicable, in advance of conducting a landing or takeoff at that aerodrome under the authority of this exemption.

VALIDITY

This exemption shall be in effect until the earliest of:

  1. April 30, 2015 at 23:59 EDT;

  2. ) the date on which any condition set out in this exemption is breached; or

  3. the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or is likely to have an adverse effect on aviation safety.

Dated at Ottawa, Ontario, Canada this 13th day of November, 2013 on behalf of the Minister of Transport.

“Original signed by Denis Guindon (for)”

Martin J. Eley
Director General
Civil Aviation

Appendix A

REGULATORY REQUIREMENTS
CANADIAN AVIATION REGULATIONS

Part VI - General Operating and Flight Rules
Subpart 2 – Operating and Flight Rules

Section 602.40 - Landing at or Take-off from an Aerodrome at Night

 

Landing at or Take-off from an Aerodrome at Night

602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

(2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where

  1. the flight is conducted without creating a hazard to persons or property on the surface; and

  2. the aircraft is operated

    1. for the purpose of a police operation that is conducted in the service of a police authority, or

    2. for the purpose of saving human life.

 

 

 

 

 

 
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