EXEMPTION FROM SUBSECTIONS 700.16(3) AND (4) 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 conducting ad hoc (non-dedicated) MEDEVAC operations pursuant to Subparts 703, 704 and 705 of the Canadian Aviation Regulations (CARs) from the requirements set out in subsections 700.16(3) and (4) of the CARs, subject to the specified conditions in this exemption.

Subsection 700.16(3) of the CARs requires an air operator to provide a flight crew member with the minimum rest period following a flight duty time assignment and any additional rest required by Subpart 700 of the CARs.

Subsection 700.16(4) of the CARs requires the flight crew member to use the rest period provided under subsection 700.16(3) of the CARs to obtain the necessary rest and to be adequately rested prior to reporting for flight duty.

PURPOSE

The purpose of this exemption is to permit Canadian air operators conducting ad hoc (non-dedicated) MEDEVAC operations pursuant to Subparts 703, 704 and 705 of the CARs to assign flight duty during a rest period for MEDEVAC purposes and to allow the flight crew member to accept the flight duty subject to the conditions below.

APPLICATION

This exemption applies to all Canadian air operators conducting ad hoc (non-dedicated) MEDEVAC operations pursuant to Subparts 703, 704 and 705 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

1. This exemption shall not be used in conjunction with the exemption from Subsection 700.16(1) of the CARs.
2. The flight shall be required to save human life based on the best assessment available;
3. There are no other flight crew members available to conduct the flight who are more suitable from a duty/rest perspective;
4. The previous flight and duty time associated with the interrupted rest period was in accordance with subsection 700.16(1) of the CARs with no extensions of flight and duty time;
5. The pilot-in-command shall not conduct the flight unless, after consultation with other flight crew members, he or she considers it safe to do so;
6. 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;
7. The flight crew members shall not commence a flight following the disembarkation of the patient(s) until they have obtained 24 consecutive hours of time free from duty;
8. The air operator shall notify the Transport Canada Principal Operations Inspector within 24 hours of the circumstances regarding the flight duty.

VALIDITY

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

1. EDT at 23:59 June 30, 2007;
2. the date on which an amendment to the appropriate provisions of the CARs comes into effect;
3. the date on which any of the conditions 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 it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 6th day of July, 2005, on behalf of the Minister of Transport.

Hard copy signed by:  Franz Reindhart

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-02-1