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 operations pursuant to Subpart 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) 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.
Subsection 700.16(4) requires the flight crew member to use the rest period provided under 700.16(3) to obtain the necessary rest and to be adequately rested prior to reporting for flight duty.
PURPOSE AND APPLICATION
The purpose of this exemption is to permit an air operator 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.
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.
This exemption is subject to the following conditions:
- The flight shall be required to save human life based on the best assessment available;
- There are no other flight crew members available to conduct the flight who are more suitable from a duty/rest perspective;
- The previous flight and duty time associated with the interrupted rest period was in accordance with subsection 700.16(1) with no extensions of flight and duty time;
- 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;
- 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;
- The crew shall not commence a flight following the disembarkation of the patient(s) until they have obtained 24 consecutive hours of time free from duty;
- The air operator shall notify the Principal Operations Inspector within 24 hours of the circumstances regarding the flight duty.
The exemption will be valid commencing on January 1, 2004 and until one of the earliest:
- EST at midnight June 30, 2005;
- the date on which an amendment to the appropriate provisions of the CARs comes into effect;
- the date on which any of the conditions 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 it is no longer in the public interest or is likely to affect aviation safety.
Dated at Ottawa, Ontario, this 8th day of October, 2003, on behalf of the Minister of Transport.
Original signed by:
- Date de modification :