NCR-011-2020
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 adversely affect aviation safety or security, I hereby exempt persons who hold a Helicopter Flight Training Unit (FTU) Operator Certificate issued pursuant to Subpart 6 of Part IV of the Canadian Aviation Regulations (CARs) from the requirement set out in subsection 602.25(2) of the CARs which prohibits a person from entering or leaving an aircraft in flight except with the permission of the pilot-in-command of the aircraft.
Section 602.25 of the CARs states:
Entering or Leaving an Aircraft in Flight
- 602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft.
- (2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless:
- (a) the person leaves for the purpose of making a parachute descent;
- (b) the entering or leaving is permitted under section 702.19; or
- (c) the flight is conducted in accordance with:
- (i) a special flight operations certificate-special aviation event issued under section 603.02, or
- (ii) a special flight operations certificate issued under section 603.67.
The details of provision 605.25 of the CARs and the associated regulations from Parts VI and VII are produced in Appendix A.
Purpose
The purpose of this exemption is to allow a person who holds a Flight Training Unit (FTU) operator certificate issued pursuant to Subpart 6 of Part IV of the CARs to conduct the training of students for a Commercial Pilot Licence – Helicopter in the disciplines necessary to become viable employees for Subpart 702 Air Operator Certificate holders conducting operations, such as forest fire suppression. These operations involve shuttling to and from unsuitable landing areas where the ground may be uneven, too soft or covered with obstacles that could cause damage to the helicopter and endanger personnel, if a normal landing were attempted.
One of the primary disciplines is to learn to competently hold a helicopter in a low hover as the center of gravity fluctuates while personnel and equipment are embarking and disembarking.
The present regulatory conditions pursuant to subsection 602.25(2) of the CARs do not include allowing FTUs to conduct pilot training for operations involving entering and leaving an aircraft in flight.
This global exemption proposes to allow FTUs to conduct pilot training for operations involving entering and leaving an aircraft in flight in accordance with the conditions set out in this exemption.
Application
This exemption applies to persons holding a Flight Training Unit Operator Certificate (FTUOC) issued pursuant to Subpart 6 of Part IV of the CARs to permit the conduct of training for Commercial Pilot Licence – Helicopter students for operations that involve the embarking and disembarking of persons or equipment to or from a helicopter in flight.
This exemption ceases to apply to the person who breaches a condition of the exemption.
Conditions
The exemption is subject to the following conditions:
- The exemption shall only apply to instructors employed by the Helicopter FTU who are undergoing their annual ground and flight training or when the instructors are conducting embarking and disembarking from the hover training with a student;
- The FTU flight training instructors shall hold a valid and current Flight Instructor Rating - Helicopter;
- The FTU Flight Training Operating Manual shall include embarking and disembarking operational procedures instructions and information necessary to enable the personnel concerned to perform their duties safely;
- All training shall be conducted under day Visual Flight Rules conditions (VFR) while the helicopter maintains a stabilized low hover;
- The longitudinal and lateral center of gravity shall be calculated for embarking and disembarking operations and shall not exceed the limitations of the applicable Rotorcraft Flight Manual. The operating weight shall be calculated and shall not exceed the applicable weight/attitude/temperature (WAT) hover performance charts for the helicopter type and configuration at the operating altitude;
- Any equipment or cargo to be loaded or unloaded shall be secured to prevent shifting in flight except during loading and unloading;
- Cargo or equipment shall not be loaded or unloaded from a baggage compartment remote from the main cabin unless the applicable centre of gravity calculation is completed and cargo handlers have been instructed on procedures;
- The FTU shall have a Training Manual that describes at least each the following training step in regard of entering and leaving a helicopter in low hovering flight, including:
- (a) Calculating the limits for the longitudinal and lateral center of gravity for embarking and disembarking;
- (b) Calculating the maximum operating weight for the conditions versus the altitude and temperature;
- (c) Instructing all persons that will enter the helicopter in flight for the following training items:
- (i) making certain that the helicopter is stable before proceeding to open any of the doors;
- (ii) how to open the doors and keeping them secure;
- (iii) how to load the equipment or the cargo and secure it;
- (iv) how to embark safely onboard of the helicopter;
- (v) how to reposition onboard of the helicopter; and
- (vi) closing the doors properly.
- (d) Instructing all persons that will leave the helicopter for the following training items:
- (i) waiting for the pilot to gives the signal to leave the helicopter;
- (ii) how to reposition in preparation for leaving the helicopter;
- (iii) how to open the doors and keeping them secure;
- (iv) how to leave the helicopter;
- (v) how to unload the equipment or the cargo;
- (vi) how to close the doors; and
- (vii) maintaining a safe position until the helicopter has departed.
- (e) Compensating for the change in the center of gravity while embarking and disembarking of persons or cargo while in a stable hover;
- FTUs shall submit to their Principal Operations Inspector (POI) the modifications to their Flight Training Manual with their application for the exemption;
- All person(s) that shall embark or disembark (with or without equipment) the helicopter in flight should receive the training listed in condition 8 from a qualified instructor who meets the requirements listed in condition 13;
- The Pilot-in-Command shall have proof of experience in embarking and disembarking persons or equipment while hovering in the past 12 months;
- The person receiving the training for embarking or disembarking persons or equipment from a helicopter in flight shall hold a Student Pilot Permit - Helicopter or Private Pilot Licence – Helicopter and be receiving training for Helicopter Commercial Licence or be the holder of a Commercial Licence - Helicopter or Air Transport Pilot Licence - Helicopter;
- To be qualified before conducting the training of a person listed in condition 10, the holder of a flight instructor rating shall comply with one of the following:
- (a) received practical training under Part 702 in embarking and disembarking persons or equipment while hovering in the past 12 months;
- (b) proof of experience in embarking and disembarking persons or equipment while hovering and must have at least have conducted one exercise, in embarking and disembarking persons or equipment while hovering under the supervision of another pilot in the last 12 months; or
- (c) received initial ground and flight training described in the FTU Training Manual regarding the entering and leaving of a helicopter in flight as follows:
- (i) the training described must be conducted by the holder of a flight instructor rating, who has proof of experience in embarking and disembarking persons or equipment while hovering in the past 12 months;
- (ii) following the initial training, the holder of a flight instructor rating must receive dual instruction in teaching embarking and disembarking of persons or equipment while hovering; and
- (iii) the dual instruction for teaching embarking and disembarking of persons or equipment while hovering must consist of at least three exercises;
- All preparatory instruction shall be conducted before the training flight of embarking and debarking of persons or equipment while hovering;
- A qualified holder of a flight instructor rating shall be onboard at all times, while embarking and disembarking training is being conducted;
- Embarking and disembarking training shall only be conducted to and from a seat that is not equipped with flight controls; and
- All incidents or accidents happening under this exemption shall be reported to TCCA within 2 business days.
Note: An exercise consists of embarking and disembarking at least one person while hovering.
Validity
This exemption is in effect until the earliest of the following:
- (a) May 1st, 2025 at 23:59 EDT;
- (b) the date on which any condition set out in this exemption is breached; or
- (c) 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 adversely affect aviation safety or security.
Dated at Ottawa, Ontario, this 12th day of May, 2020 on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
Pertinent provisions of the Canadian Aviation Regulations
Entering or Leaving an Aircraft in Flight
- 602.25 (1) No person shall enter or leave an aircraft in flight except with the permission of the pilot-in-command of the aircraft.
- (2) No pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless:
- (a) the person leaves for the purpose of making a parachute descent;
- (b) the entering or leaving is permitted under section 702.19; or
- (c) the flight is conducted in accordance with:
- (i) a special flight operations certificate-special aviation event issued under section 603.02, or
- (ii) a special flight operations certificate issued under section 603.67.
Entering or Leaving a Helicopter in Flight
- 702.19 For the purposes of paragraph 602.25(2)(b), the pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight
- (a) where
- (i) the helicopter is operated at a low hover,
- (ii) the person is able to enter directly from or alight directly onto the supporting surface,
- (iii) the air operator is authorized to do so in its air operator certificate, and
- (iv) the air operator complies with the Commercial Air Service Standards;
- (b) where
- (i) the helicopter is operated to enable hoisting or rappelling, and
- (ii) the air operator complies with Section 702.21.
- (a) where
Helicopter Class D External Loads
- 702.21 (1) Subject to subsection (2), no air operator shall operate a helicopter to carry a helicopter Class D external load unless
- (a) the helicopter is a multi-engined helicopter that meets the transport category engine-isolation requirements of Chapter 529 of the Airworthiness Manual and that is capable of hovering with one engine inoperative at the existing weight and altitude;
- (b) the air operator is authorized to do so in its air operator certificate; and
- (c) the air operator complies with the Commercial Air Service Standards.
- (2) An air operator may operate a helicopter other than a helicopter described in paragraph (1)(a) to carry a helicopter Class D external load if the air operator
- (a) is authorized to do so in its air operator certificate; and
- (b) complies with the Commercial Air Service Standards.
Entering or leaving a helicopter in flight
- 722.19 Authorization to permit a person to enter or leave a helicopter in flight other than by external load attaching means is subject to the following standards:
- (a) operations are conducted under day VFR conditions while the helicopter maintains a stabilized hover;
- (b) the longitudinal and lateral centre of gravity shall be calculated for embarking and disembarking operations and shall not exceed the limitations of the applicable flight manual. The operating weight shall be calculated and shall not exceed the applicable weight/attitude/temperature (WAT) hover performance charts for the helicopter type and configuration at the operating altitude;
- (c) persons to be embarked or disembarked have been instructed on related hazards and techniques;
- (d) crew members shall be trained in accordance with Section 722.76 of the Commercial Air Services Standards;
- (e) any equipment or cargo to be loaded or unloaded shall be secured to prevent shifting in flight except during loading and unloading. Cargo or equipment shall not be loaded or unloaded from a baggage compartment remote from the main cabin unless the applicable centre of gravity calculation is completed and cargo handlers have been instructed on procedures; and
- (f) the air operator’s Company Operations Manual content includes embarking and disembarking operational procedures, briefing procedures and crew member training requirements.
Training program
- 722.76 (6) Aerial Work Training
- (d) Training - Embarking and Disembarking Persons Pursuant to section 702.18 of the Canadian Aviation Regulations
Ground Training
- (i) briefing procedures for persons to be embarked or disembarked, including procedures for loading of equipment;
- (ii) calculation of weight and centre of gravity limits including calculation of centre of gravity change.
Flight Training
- (i) precision hovering at gross weight with centre of gravity at lateral limits;
- (ii) precision hovering while persons disembark, load equipment and embark.
Definitions
101.01 aerial work means a commercial air service other than an air transport service or a flight training service; (travail aérien)
400.01(1) integrated course means a course of pilot training developed using the principles of instructional systems design, in which all instructional stages are completed as one continuous course and the flight training elements are interrelated and sequenced to provide for the efficient achievement of the learning objectives; (cours intégré)