NCR-020-2019
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 adversely affect aviation safety or security, I hereby exempt Canadian operators operating aeroplanes required to be equipped with TAWS (terrain awareness warning system) pursuant to paragraphs 605.42(1)(a), 703.71(1)(a), 704.71(1)(a), 704.71(2)(a), and 705.84(1)(a) of the Canadian Aviation Regulations (CARs), subject to the condition set out below.
Paragraphs 605.42(1)(a), 703.71(1)(a), 704.71(1)(a), 704.71(2)(a), and 705.84(1)(a) of the CARs specify the Canadian Technical Standard Order (CAN-TSO) for the TAWS equipment to be operative in aeroplanes required to be equipped with TAWS.
The applicable CARs provisions are reproduced in Appendix A.
Purpose
This exemption authorizes the operation of aeroplanes equipped with Class A or Class B TAWS equipment that meet CAN-TSO-C151a requirements, or subsequent revisions, as required by the CARs.
Application
This exemption applies to Canadian operators of aeroplanes required by the CARs to be equipped with Class A or Class B TAWS equipment.
Condition
For an aeroplane that is required by the CARs to be equipped with an operative TAWS, the equipment shall meet the requirements of Class A or Class B equipment (as required by the CARs) set out in CAN-TSO-C151a, CAN-TSO-C151b, or subsequent revisions.
Validity
This exemption is in effect from July 5th, 2019 until the earliest of the following
- (a) July 04, 2024 at 23:59 EDT;
- (b) the date on which the condition set out in this exemption is breached;
- (c) the date on which an amendment modifying the subject matter of the Canadian Aviation Regulations, or related standards comes into effect; or
- (d) 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 adversely affect aviation safety or security.
DATED at Ottawa, Ontario, Canada this 27 day of June 2019, on behalf of the Minister of Transport.
“Original signed by”
Nicholas Robinson
Director General
Civil Aviation
Transport Canada
Appendix A
TAWS - Relevant excerpts from Canadian Aviation Regulations
605.42 (1) Subject to subsection (2), no operator shall operate a turbine-powered aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that
- (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151b;
- (b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
- (c) has a terrain and airport database compatible with the area of operation.
(2) The operator may operate the aeroplane without its being equipped with an operative TAWS if
- (a) the aeroplane is operated in day VFR only;
- (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or
- (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.
703.71 (1) Subject to subsection (2), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that
- (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151b;
- (b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
- (c) has a terrain and airport database compatible with the area of operation.
(2) The air operator may operate the aeroplane without its being equipped with an operative TAWS if
- (a) the aeroplane is operated in day VFR only;
- (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or
- (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.
704.71 (1) Subject to subsection (3), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of six to nine inclusive, unless the aeroplane is equipped with an operative TAWS that
- (a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151b;
- (b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
- (c) has a terrain and airport database compatible with the area of operation.
(2) Subject to subsection (3), no air operator shall operate an aeroplane that has a seating configuration, excluding pilot seats, of ten or more, unless the aeroplane is equipped with an operative TAWS that
- (a) meets the requirements for Class A equipment set out in CAN-TSO-C151b;
- (b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
- (c) has a terrain and airport database compatible with the area of operation and a terrain awareness and situational display.
(3) The air operator may operate the aeroplane without its being equipped with an operative TAWS if
- (a) the aeroplane is operated in day VFR only;
- (b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or
- (c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(4) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.
705.84 (1) Subject to subsection (2), no air operator shall operate an aeroplane unless the aeroplane is equipped with an operative TAWS that
- (a) meets the requirements for Class A equipment set out in CAN-TSO-C151b;
- (b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
- (c) has a terrain and airport database compatible with the area of operation and a terrain awareness and situational display.
(2) The air operator may operate the aeroplane without its being equipped with an operative TAWS if
- (a) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or
- (b) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.
- Date modified: