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 persons who apply for a special certificate of airworthiness in the amateur-built classification (hereinafter referred to as “the applicant”) for Aircraft Resources Canada Epic LT and the Epic Elite aircraft from the requirements of paragraphs 549.103(b) and 549.105(b) of the Airworthiness Manual - Amateur-built Aircraft, made pursuant to subparagraph 549.01(a)(ii) of the Canadian Aviation Regulations (CARs), subject to the requirements set out in this exemption.
The requirements of paragraphs 549.103(b) and549.105(b) of the Airworthiness Manual - Amateur-built Aircraft, made pursuant to subparagraph 549.01(a)(ii) of the CARs are detailed in Appendix A to this exemption.
Purpose
The purpose of this exemption is to permit persons who apply for a special certificate of airworthiness in the amateur-built classification for Aircraft Resources Canada (ARC) Epic LT and the Epic Elite aircraft to deviate from the aircraft weight and passenger capacity limitations specified in Airworthiness Manual Chapter 549 by:
- Exceeding the permissible take-off mass of 1800 Kg. (3968 lbs); and
- Exceeding the allowable maximum seating of 3 seats other than the pilot’s seat.
Application
This exemption applies to persons who apply for a special certificate of airworthiness in the amateur-built classification for Aircraft Resources Canada Epic LT and Epic Elite aircraft that are constructed using Aircraft Resources Canada facilities and resources.
Conditions
This exemption is subject to the following conditions, which, where applicable to the owner or operator of the aircraft, will be entered onto the aircraft flight authority:
- This exemption shall be used in conjunction with the exemption from Section 549.01 of the Canadian Aviation Regulations dated August 30, 2006 and its attendant conditions. In case of a conflict between the conditions of this exemption and those of the exemption dated August 30, 2006, the conditions of this exemption shall prevail;
- The aircraft shall have been constructed in accordance with detailed procedures acceptable to Transport Canada and using only the facilities, tools, and equipment provided by Aircraft Resources Canada (ARC);
- The operator of the aircraft shall provide and distribute to any passengers on board, briefing cards explaining that the aircraft does not comply with internationally recognized standards and shall also provide a verbal briefing to passengers explaining the meaning of the briefing card;
- The aircraft shall be maintained in accordance with the provisions of CAR 571 and the additional maintenance requirements specified in Appendix B to this exemption, including those that would otherwise not apply to amateur-built aircraft;
- ARC shall make available an Aircraft Flight Manual (AFM) or Pilot Operating Handbook (POH) and a maintenance manual and establish a system to amend these manuals as necessary and provide the amendments to holders;
- Operators of the aircraft and holders of the AFM, POH and maintenance manuals shall amend these documents as required by ARC;
- Owners of Epic Elite and Epic LT aircraft shall notify ARC of any transfer of ownership and of any changes in address or other means of contact;
- The aircraft shall be maintained in accordance with the most recent maintenance manual provided by ARC or other methods acceptable to the Minister;
- Except where otherwise specified in these conditions, the aircraft shall be operated in accordance with the AFM or POH, including any amendments and supplementary material;
- The aircraft shall not be operated in known or forecast icing conditions;
- No modifications having other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting airworthiness or environmental characteristics, shall be performed on the aircraft except in accordance with data approved by ARC;
- No modifications having other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting airworthiness or environmental characteristics, shall be performed on the engine or propeller or on any other type certified equipment installed in the aircraft, except in accordance with data approved by the Minister;
- Notwithstanding the exception to amateur built aircraft provided in CAR 605.84, the engine, propeller, and any other type certified components installed in the aircraft shall be maintained in accordance with any applicable Airworthiness Directives and Airworthiness Limitations;
- Notwithstanding the exception to amateur built aircraft provided in CAR 605.92(3), the operator shall maintain a separate technical record for the airframe, engine and propeller;
- The operator shall transmit to ARC all service difficulties experienced in the aircraft and ARC shall establish a system to receive, review and analyse any service difficulties and to take appropriate action;
- Following final assembly of the aircraft, the aircraft shall be test flown under a flight permit until it has accumulated a minimum of 25 hours, during which time the aircraft shall not require any maintenance beyond that associated with normal operations. Following acceptable completion of this test period, the Minister will issue a special Certificate of Airworthiness (C of A) – Amateur-Built.
- The aircraft shall not be operated at a MTOW in excess of 3,800 kg (8,360 lb) or the maximum weight specified in the most recent AFM or POH provided by ARC, including any amendments or supplementary materials, whichever is the lowest; and
- The aircraft shall not be operated with more than six occupants, including the pilot, or more than the maximum number of occupants specified in the most recent AFM or POH provided by ARC, including any amendments or supplementary materials, whichever is the lowest.
Cancellation
The exemption from the requirements of subparagraph 549.01(a) (ii) of the Canadian Aviation Regulations and paragraphs 549.103(b) and 549.105(b) of the Airworthiness Manual – Amateur-Built Aircraft for persons who apply for a special certificate of airworthiness in the amateur-built classification for Aircraft Resources Canada Epic LT and the Epic Elite aircraft, signed on the 19th day of September 2006 at Ottawa, Ontario, Canada by the Director General of Civil Aviation, on behalf of the Minister of Transport, Infrastructure and Communities, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.
Validity
This exemption is in effect until the earliest of the following:
- July 1, 2008 at 23:59 EST;
- 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 Ottawa, Ontario, Canada this 27th day of March 2007 on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by Donald Sherritt
Donald Sherritt
Director
Aircraft Maintenance and Manufacturing
Appendix A
AIRWORTHINESS MANUAL –- AMATEUR-BUILT AIRCRAFT
Regulatory requirements
Paragraph 549.103(b) of the Airworthiness Manual - Amateur-built Aircraft stipulates that, for aeroplanes, the maximum permissible take-off mass M shall not exceed 1,800 Kg (weight W=3,968 lb). For multi-wing aircraft, Canard types included, the area referred to in 549.103 (a)(1)(ii), may be used to determine the maximum permissible mass for each wing and the results will be added to determine the aircraft maximum permissible take-off mass.
Paragraph 549.105(b) of the Airworthiness Manual - Amateur-built Aircraft stipulates that, for Aeroplanes, all seats, other than the pilot's seat defined in (a), will be designated as passenger seats and the maximum number will be as stated in section 549.107, but in any case shall not exceed three seats.
Appendix B
Pursuant to condition (4) of the exemption, this appendix lists the additional maintenance requirements applicable to the aircraft that would otherwise not apply, and includes a reference to the relevant regulations.
Ref. 571.02 (3)
Persons who perform required NDT inspections on the aircraft per this exemption shall meet the qualifications set out in Schedule I of CAR Part 5 Subpart 71.
Ref. 571.04
Specialized maintenance performed on the Aircraft as set out in Schedule II of CAR 571.04 shall be performed in accordance with a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate with a rating appropriate to the work performed, or a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada and the agreement provides for recognition of the work to be performed.
Ref. 571.07 (1)
New parts may be installed on the engine propeller, and other type certified equipment installed in the aircraft, only if they meet the standards of airworthiness and the certification requirements applicable to the installation of new parts as set forth in Chapter 561 of the Airworthiness Manual.
Ref. 571.08 (1)
Used parts installed shall meet the standards of airworthiness applicable to the installation of used parts as set forth in Chapter 571 of the Airworthiness Manual and provided that they are;
- airworthy parts that have been removed from an aircraft for immediate installation on another aircraft;
- airworthy parts that have undergone maintenance for which a maintenance release has been signed pursuant to CAR 571.11(2)(c); or
- parts that have been inspected and tested to ensure that they conform to their type design and are in a safe condition, and a maintenance release has been signed to that effect.
Ref. 571.11 (1)
All maintenance shall be subject to a maintenance release signed by;
- the holder of an applicable AME licence;
- the holder of an applicable Restricted Certifying Authority (RCA); or
- in the case of maintenance performed outside Canada, a person authorized to sign under the terms of an applicable agreement or a technical arrangement between Canada and the state where the maintenance is performed.
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