EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) and (ii), PARAGRAPHS 705.106(1)(c) and (d), and PARAGRAPHS 705.113(2)(a) and (b) 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 Skyservice Airlines Inc., 31 Fasken Drive, Etobicoke, Ontario, M9W 1K6, as well as all pilots employed by Skyservice Airlines Inc., operating under Part VII of the Canadian Aviation Regulations (CARs) from subparagraphs 705.106(1)(b)(i) and (ii), paragraphs 705.106(c) and (d) and paragraph 705.113(2)(a) of the CARs .

The requirements of the above mentioned provisions are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to allow Skyservice Airlines Inc. and all pilots employed by Skyservice Airlines Inc. qualified on the Boeing 757 and Boeing 767 aircraft and operating both aircraft types under a “Mixed Fleet Flying” program to maintain their currency qualifications and line check requirements on both the B757 and B767 aircraft by considering take-offs, landings, sectors, line checks and pilot proficiency checks on one type to provide the same currency qualifications and line check requirements on the other type.

For the purpose of this exemption, “Mixed Fleet Flying(MFF) means the operation of a base aircraft and one or more variants of the same type, common type, related type or a different type by one or more flight crew members, between training or checking events.

APPLICATION

This exemption applies to Skyservice Airlines Inc. and to all pilots employed by Skyservice Airlines Inc. for the purpose of conducting flight operations on the B757 and B767 aircraft under a MFF program. 

CONDITIONS

This exemption is subject to the following conditions:
           

  1. Subject to condition (2) all pilots shall complete the approved differences training in order to meet the type endorsement qualifications as detailed in paragraphs 705.106(1)(a) & (e) of the CARs on the B767 aircraft type;

  2. All pilots shall be qualified in accordance with the requirements of subsection 705.106(1) and current in accordance with the requirements of subsection 705.113(1) and (2)(a) of the CARs on the B757 aircraft type;

  3. No person shall act as a pilot-in-command or a second-in-command of a B757 or B767, unless the person:

    1. within the previous 90 days;

      1. has completed at least three take-offs and three landings as the pilot at the controls as a flight crew member in either a B757 or a B767 aircraft, or a combination thereof, or

      2. has completed five sectors assigned to duty as a flight crew member in either a B757 or a B767 aircraft, or a combination thereof, and

    2. has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for the B757 or the B767, in accordance with the Commercial Air Service Standards (CASS);

  4. All pilots shall maintain Pilot Proficiency validity on both the B757 and B767 aircraft by alternating the six month Pilot Proficiency Check between each type;

  5. Each affected pilot-in-command and second-in-command shall operate the B757 and B767 aircraft types under a MFF program, as described in the company operations manual, flight crew training manual and in accordance with the terms and conditions established in this exemption; and

  6. A copy of this exemption shall be placed and remain on the training file of each pilot prior to the commencement of the first flight on the B767 at Skyservice Airlines Inc.

VALIDITY

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

  1. March 31, 2006 at 23:59 EST;

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

  3. 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 adversely affect aviation safety.

Dated at Ottawa, this 28th day of April 2005, on behalf of the Minister of Transport Canada

Original signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

APPENDIX A - Pilot Qualifications

705.106 (1) Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person

(b) within the previous 90 days,

(i) has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type,

(ii) has completed five sectors assigned to duty as a flight crew member in an aircraft of that type, or

(iii) has fulfilled the training requirements set out in the Commercial Air Service Standards;

(c) has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards;

(d) has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards.

Validity Period

705.113 (1) Subject to subsections (4) and (5), the validity period of a line check and of the training referred to in Section 705.124 expires on the first day of the thirteenth month following the month in which the check or training was completed.

(2) Subject to subsections (4) and (5), the validity period of a pilot proficiency check expires

(a) on the first day of the seventh month following the month in which the check was completed;

(b) on the first day of the thirteenth month following the month in which the check was completed, where the pilot successfully completes the six-month recurrency training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check and that is identified in the company operations manual; or

 

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