EXEMPTION FROM SUBSECTION 705.80(2) 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 Canadian air operators and flight crew members conducting operations on Hawker Siddeley HS748 aircraft not currently equipped with a flight deck door from the requirements of paragraph 705.80(2) of the Canadian Aviation Regulations (CARs), subject to the conditions of this exemption.

Subsection 705.80(2) of the CARs states that subject to subsections (4) and (5), after May 1, 2002, no person shall operate an aeroplane in respect of which an initial type certificate was issued after January 1, 1958 unless the aeroplane is equipped with:

  • in the case of a passenger-carrying aeroplane a door between the flight deck and the passenger compartment, and if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from the passenger compartment, a door between the crew rest facility and the passenger compartment;
  • in the case of an all-cargo aeroplane that was equipped with a flight deck door on January 15, 2002, a door between the flight deck and a compartment occupied by a person, and if the aeroplane is equipped with a crew rest facility having an entry from the flight deck and a separate entry from a compartment occupied by a person, a door between the crew rest facility and the compartment.

Purpose

The purpose of this exemption is to allow Canadian air operators and flight crew members conducting operations on Hawker Siddeley HS748 aircraft not currently equipped with a flight deck door to continue operating these aircraft after May 1, 2002 without a flight deck door. This exemption will allow additional time for the procurement and installation of the required doors on Hawker Siddeley HS747 aircraft.

Application

This exemption applies to Canadian air operators and flight crew members conducting operations on Hawker Siddeley HS748 aircraft not currently equipped with a flight deck door.

Conditions

This exemption is subject to the following conditions:

  1. A copy of this exemption shall be carried onboard each aircraft at all times;
     
  2. The air operator shall make every effort to have the flight deck door installed at the earliest possible opportunity, subject to part availability; and,
     
  3. If a bulkhead with a door that separates the flight deck from the passenger compartment is installed, that door shall be used as a flight the deck door until such time that a flight deck door is installed.

Validity

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

  1. 23:59 EST on 09 April, 2003;
     
  2. the date on which a flight deck door that meets the requirements of subsection 705.80 is installed in the aircraft;
     
  3. the date on which any condition set out in this exemption is breached; or
     
  4. 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 that it is likely to affect aviation safety.

Dated at Ottawa, this 30th day of April , 2002, on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

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