Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian air operators operating under subparts 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirement of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards made pursuant to sections 703.38, 704.33 and 705.40 of the CARs respectively, subject to the following conditions.
Clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the CARsstate that portable two-way radio communication devices use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit.
The purpose of this exemption is to allow Canadian air operators to permit the use of Transmitting Portable Electronic Devices (TPEDs) on board aircraft during the taxi-in to the gate, terminal or dock phase of flight.
This exemption applies only to air operators operating in accordance with subparts 703, 704 or 705 of the CARs.
This exemption is subject to the following conditions:
- Prior to permitting the use of TPEDs on board, the air operator shall conduct testing in coordination with Transport Canada to verify and confirm that the use of the device does not interfere with the safe operation of the aircraft during the taxi in phase;
- The use of the TPED when engines are running shall be permitted only during the taxi in phase and in accordance with section 602.86 of the CARs pertaining to the stowage of Carry-on Baggage, Equipment and Cargo;
- Procedures shall be implemented to advise passengers when to use TPEDs;
- Crew members shall not be permitted to use the TPED during the taxi in phase;
- Crew members shall receive initial and recurrent training on the emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption; and
- The air operator shall amend the applicable parts of their Company Operations Manual and crew member training programs to reflect the changes in emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption.
This exemption is valid until the earliest of :
- 23:59 EDT, June 1, 2010;
- the date on which any condition 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 that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Canada on this 3rd day of December, 2008, on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by
- Date de modification :