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 and their flight crew members from the requirements of 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 subject to subsections 605.85(2) and 605.85(3) of the CARs, 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.
Whereas the Maintenance Control Manual of a Canadian Air Operator has been amended and approved by the Minister allowing them to include tasks in their Maintenance Control Manual identified in Airworthiness Directive of the Federal Aviation Administration (FAA) AD 2005-21-02, this exemption permits Canadian air operators and its flight crew members to perform without requiring a maintenance release, tasks that are identified in airworthiness directive FAA AD 2005-21-02 and within the flight crew member’s capacity to perform, but are not enumerated in the elementary work listings set out in the Aircraft Equipment and Maintenance Standards.
This exemption applies to Canadian Air Operators and their crew members whose Maintenance Control Manuals have been amended and approved by the Minister allowing them to include tasks that are identified in Airworthiness Directive FAA AD 2005-21-02 and within the flight crew members capacity to perform but not enumerated in the elementary work task listings set out in the Aircraft Equipment and Maintenance Standards.
This exemption is subject to the following conditions:
- The air operator Maintenance Control Manual (MCM) shall contain policies and procedures that ensure appropriate and comprehensive training is carried out. The training shall emphasize the risks of not doing the inspections properly and include a method for feedback from the trainees on their perception of their competence.
- The training shall include practical exercises using visual aids, as well as the use of physical training aids such as photographs, to address specific defects.
- The MCM shall specify the prior qualifications (e.g. unlicensed aircraft maintenance technician or helicopter pilot) for persons who will be allowed to carry out the inspection, as well as specify procedures for the issue or cancellation of authorization documents. A list of authorized air operator personnel may be incorporated by reference in the MCM.
- Trainees shall demonstrate that they are competent in the use of the visual aids and competent to accomplish the inspection correctly before they will be allowed to carry out the inspection on their own.
- An AME shall complete an inspection of the blades, in accordance with FAA AD 2005-21-02, during the most frequent inspection contained in the Air Operator’s Approved Maintenance Schedule.
- Defects found during the inspection requested in FAA AD 2005-21-02 shall be reported in accordance with the Canadian Aviation Regulations Part 5 subpart 21 Division IX - Service Difficulty Reporting (SDR); and
- A copy of this exemption and FAA AD 2005-21-02 shall be carried aboard the aircraft.
This exemption is in effect from August 1, 2010 at 00:01 EST, until the earliest of the following:
- January 31st, 2012 at 23:59 EDT;
- the date on which any condition 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 that it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, Canada this 28 day of July 2010 on behalf of the Minister of Transport.
Original signed by Nicole Girard for
Martin J. Eley
- Date de modification :