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 air operators from the requirements in subsection 605.85(1) of the Canadian Aviation Regulations, subject to the conditions of this exemption.
Subsection 605.85(1) of the CARs states that no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10.
The requirements of Section 605.85(1) and 571.10 are detailed in Appendix A to this exemption.
Purpose
The purpose of this exemption is to permit continued operation of aircraft with Walter M601 engines identified by serial number, which were maintained, modified or overhauled by Walter a.s., Walter Engines a.s. or GE Aviation Czech s.r.o. prior to September 10, 2009, where the maintenance was not certified by the signing of a maintenance release pursuant to section 571.10.
Application
This exemption applies to Canadian Operators operating aircraft with installed Walter M601 engines, with the applicable engine serial numbers on the list below, which were maintained, modified or overhauled by Walter a.s. , Walter Engines a.s. or GE Aviation Czech s.r.o. prior to September 10, 2009.
Walter M601, S/N 913038 E-11
Walter M601, S/N 833224 E-11
Walter M601, S/N 914024 E-11
Walter M601, S/N 841069 D-11
Walter M601, S/N 904025 E-11
Walter M601, S/N 912022 E-11
Walter M601, S/N 913015 E-11
Conditions
- This exemption is issued to permit the continued operation of aircraft with engines overhauled, repaired or modified by Walter a.s. ,Walter Engines a.s. or GE Aviation Czech s.r.o. before September 10, 2009 as listed in the exemption, on Canadian-registered aircraft.
- The overhaul, repair or modification for engines listed, shall have the applicable foreign equivalent of a Canadian Aviation Regulation maintenance release, signed by an authorized person of Walter a.s. ,Walter Engines a.s. or GE Aviation Czech s.r.o.
- 3. The overhauled, repaired or modified M601D-11 and M601E-11 engines listed by serial number, shall be subject to the Air Operator’s scheduled maintenance and operating limitations as set forth in the No. IE-40 Type Certificate Data Sheet, Maintenance Manual and Flight Manual.
- 4. The engines permitted to be operated by this exemption shall be subject to the performance limitations contained in the approved aircraft flight manual associated with the aircraft type certificate and the certificate of airworthiness for the aircraft used.
- 5. Nothing in this exemption relieves the Air Operator from compliance with the provisions of any Canadian aviation documents that have been issued pursuant to the Aeronautics Act
- 6. When directed by Transport Canada, the Air Operator shall make the engines available for inspection, on the ground, by Civil Aviation Safety Inspectors, in accordance with the Aeronautics Act.
Validity
This exemption remains in effect until the earliest of the following:
- (a) January 1st, 2012; 23:59 EDT
- (b) the next scheduled maintenance overhaul determined by the Air Operators approved maintenance schedule;
- (c) the date on which any one of the conditions set out in this exemption is breached;
(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 affect aviation safety.
Dated at Ottawa, Ontario, Canada, this 30 day of July, 2010, on behalf of the Minister of Transport.
Original signed by Shelley Chambers for
Martin J. Eley
Director General
Civil Aviation
Appendix A
Maintenance Release and Elementary Work
605.85 (1) Subject to subsections (2) and (3), no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10.
Maintenance Release
571.10 (1) No person shall sign a maintenance release required pursuant to section 605.85 or permit anyone whom the person supervises to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in Chapter 571 of the Airworthiness Manual have been complied with and the maintenance release meets the applicable requirements specified in section 571.10 of the Airworthiness Manual.
(2) Except as provided in subsection (4), a maintenance release shall include the following, or a similarly worded, statement:
“The described maintenance has been performed in accordance with the applicable airworthiness requirements.”
(3) No maintenance release is required in respect of any task designated as elementary work in the Aircraft Equipment and Maintenance Standards that is performed by
- a) in the case of a glider, a balloon or an unpressurized small aircraft that is powered by a piston engine and not operated pursuant to Part IV or VII, the pilot of the aircraft;
- b) in the case of an aircraft operated under Part IV or VII, a person who has been trained and authorized in accordance with the flight training unit’s or the air operator’s maintenance control manual (MCM), approved under Subpart 6 of Part IV or of Part VII, respectively; or
(amended 2000/12/01; previous version) - c) in the case of an aircraft operated pursuant to Subpart 4 of Part VI, a person who has been trained in accordance with those sections of a private operator's operations manual that contain details of the operator's maintenance control system.
(4) Where a person signs a maintenance release in respect of maintenance performed on an aircraft, the satisfactory completion of which cannot be verified by inspection or testing of the aircraft on the ground, the maintenance release shall be made conditional on the satisfactory completion of a test flight carried out pursuant to subsections 605.85(2) and (3), by the inclusion of the phrase “subject to satisfactory test flight”.
(5) No person shall sign a maintenance release in respect of specialized maintenance unless the requirements of section 571.04 have been met.