EXEMPTION FROM SUBSECTION 700.16(1) 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 air operators under contract to provide MEDEVAC services, operating under Subpart 3 of Part VII of the Canadian Aviation Regulations (CARs), from the application of subsection 700.16(1) of the CARs, subject to the following conditions. This subsection requires that no air operator shall assign a flight crew member for flight duty time which exceeds 14 consecutive hours in any 24 consecutive hours.

PURPOSE

The purpose of this exemption is to allow air operators under contract to provide MEDEVAC services to extend the flight duty time of a flight crew member to 17 hours when required to save human life.

APPLICATION

This exemption applies to all air operators providing MEDEVAC services under pre-arranged contract.

CONDITIONS

  1. The determination that urgent MEDEVAC transport is required to prevent death shall be made by an accredited medical authority, with written confirmation available within 24 hours of the assessment;
  2. The pilot-in-command shall not conduct the flight unless, after consultation with other flight crew members, he or she considers it safe to extend the flight duty time;
  3. Flight and duty time shall not be extended beyond the minimum required to transport the patient(s) to the first location where appropriate medical treatment can be rendered;
  4. The crew shall not commence a flight following the disembarkation of the patient(s) until the crew have obtained the rest period specified in 5;
  5. Where the flight duty time is extended, the subsequent minimum rest period shall be increased by an amount at least equal to the extension to the flight duty time; and
  6. The air operator shall notify the Principal Operations Inspector within 24 hours of the circumstances regarding the extension and provide documentation in support of the medical determination referred to in 1.

VALIDITY

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

  1. EST at midnight June 30, 2000;
  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 affect aviation safety.

Dated at Ottawa, this 23rd day of June, 1999, on behalf of the Minister of Transport.

Art LaFlamme
Director
Civil Aviation

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