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 Canadian private operators, holding a temporary private operator certificate (TPOC) issued under Schedule 1 of the Private Operators Interim Order dated April 1, 2011 and subsequent interim orders respecting private operators that the Minister may make, and their flight crew members, from the requirements of subsection 3.2.1 and paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III) made pursuant to subsection 602.128(4) of the CARs, subject to the conditions set out below.
Subsection 602.128(4) requires that flight crew members conducting CAT II/III precision approaches be trained in accordance with the Manual of All Weather Operations (Categories II and III). Subsection 602.128(4) is reproduced in Appendix A.
Subsection 3.2.1 of the Manual of All Weather Operations (Categories II and III), reproduced in Appendix A, specifies that the certification has to be done by a Transport Canada, Aviation Group (TCAG) inspector or an approved company check pilot.
Paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III), reproduced in Appendix A, specifies that the period for certification will be 6 months and allows the renewal test to be combined with either semi-annual pilot proficiency check or during an approved LOFT program.
PURPOSE
The purpose of this exemption is
- to permit the period of certification to be 24 months, with the proviso that each flight crew member successfully completes, prior to the first day of the thirteenth month, the twelve-month recurrency training that is part of the private operator’s training program as a substitute for the pilot’s CAT II/III certification renewal check and that is identified in the Private Operator’s Operations Manual; and
- to permit the Chief Pilot or his or her designate to certify in the pilot’s training file that each flight crew member has successfully completed the required CAT II/III recurrent training program, and:
- the pilot-in-command is still competent to conduct CAT II/III operations;
- the second-in-command is still competent to act as second-in-command during CAT II/III operations.
APPLICATION
This exemption applies to a Canadian private operator and its flight crew members conducting CAT II/III operations.
CONDITIONS
This exemption is subject to the following conditions:
- The private operator shall describe in the private operator’s training program the process for the evaluation of the CAT II/III competency of a pilot-in-command or second-in-command by the Chief Pilot or his or her designate during the training session that will replace the certification requirement of subsection 3.2.1 and paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III).
- The candidate shall have received the preceding CAT II/III certification check from a TC Inspector or an approved check pilot (ACP) and that certification shall be valid until the first day of the 25th month following the check, with the proviso that each flight crew member successfully completes, prior to the first day of the thirteenth month, the twelve-month recurrency training that is part of the private operator’s training program as a substitute for the pilot’s CAT II/III certification renewal check and that is identified in the Private Operator’s Operations Manual.
- The process by which the Chief Pilot designates a qualified simulator instructor to perform the CAT II/III evaluation on his behalf shall be described in the Private Operator’s Operations Manual.
- The qualified simulator instructor shall hold or have held a valid Commercial Pilot Licence or an Airline Transport Pilot Licence or equivalent and an Instrument Rating appropriate to the class of aeroplane, shall have received training and shall be qualified to evaluate the competency of flight crew members for CAT II/III operations.
- The process for the evaluation and confirmation of the CAT II/III competency of a pilot-in-command or second-in-command by a qualified simulator instructor shall be documented in the Private Operator’s Operations Manual.
- Each candidate has demonstrated to the qualified simulator instructor his or her ability to operate the aircraft in accordance with the requirements of the Manual of All Weather Operations (Categories II and III).
- The validity period of the candidate’s certification for CAT II/III has not expired on the day of the evaluation of the CAT II/III competency.
- The Chief Pilot, or his or her designate, has certified in the candidate’s training file that the pilot-in-command has completed the required CAT II/III training program and is competent to conduct CAT II/III operations.
- The Chief Pilot, or his or her designate, has certified in the candidate’s training file that the second-in-command has completed the required CAT II/III training program and is competent to act as second-in-command during CAT II/III operations.
- The private operator and the flight crew members meet all other requirements of subsection 3.2.1 and paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III).
- A copy of this exemption shall be included in the Private Operator’s Operations Manual.
VALIDITY
This exemption is in effect until the earliest of the following:
- March 31st, 2013 at 23:59 EDT;
- the date on which any of the conditions set out in this exemption is breached;
- the date on which
- the 4th edition of the Manual of All Weather Operations (Categories II and III) is published; and
- the date on which the Private Operators Interim Order dated April 1, 2011 and subsequent interim orders respecting private operators that the Minister may make has been repealed; 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 atOttawa, Ontario, Canada this _3__ day of ___October______2011, on behalf of the Minister of Transport.
[original signed by]
Martin J. Eley
Director General
Civil Aviation
APPENDIX A
Canadian Aviation Regulations
Landing Minima
602.128 (4) Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless
- the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
- the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).
The Manual of All Weather Operations (Categories II and III)
(Third Edition October 1990)
Pilot Qualifications
3.2.1 The minima prescribed above are authorized only for those pilots-in-command who have completed an approved CAT II/III training program and have been certified by a TCAG Inspector or an approved company check pilot as being qualified for CAT II/III operations. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-jet aircraft unless he has had at least 300 hours as pilot-in-command in turbo-jet aircraft. The pilot-in-command must also have completed 100 hours of line flying on the aircraft type, in command unless otherwise authorized in an operating certificate or operations manual. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-prop aircraft or rotorcraft unless he has had 100 hours as pilot-in-command on the type of turbo-prop aircraft or rotorcraft for which he is approved. Further, the second-in-command must have completed the required CAT II/III training program and have been certified by the carrier to act as second-in-command during CAT II/III operations.
The Manual of All Weather Operations (Categories II and III)
(Third Edition October 1990)
Certification
3.4.2 d) The period of certification will be for six months; renewal tests may be combined with semi-annual pilot proficiency checks or during an approved LOFT program;
- Date de modification :