EXEMPTION FROM PARAGRAPH 602.59(2)(b) 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 adversely affect aviation safety, I hereby exempt operators of Canadian aircraft from the requirements of paragraph 602.59(2)(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Details of sections 602.59 and 602.62 of the CARs and section 551.403 of the Airworthiness Manual (AWM) are set out in Appendix A to this exemption.

PURPOSE

This exemption permits operators of Canadian aircraft to use personal flotation devices that meet the applicable design standards specified in section 551.403 of the AWM, when a personal flotation device is carried for each person on board pursuant to section 602.62 of the CARs, notwithstanding the definition of “personal flotation device” set out in section 101.01 of the CARs.

APPLICATION

This exemption applies to an operator of a Canadian aircraft carrying a suitable personal flotation device for each person on board, depending on the size, body mass and age of the user, when conducting a take-off or landing on water or, when operating over water beyond a point where the aircraft could reach shore in the event of an engine failure.  The personal flotation device shall consist of a design intended be donned prior to each flight and continuously worn or stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

CONDITIONS

This exemption is subject to the following conditions:

1. The operator of the Canadian aircraft shall provide a personal flotation device that meets one of the acceptable design standards specified in section 551.403 of the AWM.

2. The operator of the Canadian aircraft shall establish and use procedures to validate, prior to each flight, that the personal flotation device is suitable for the person carried on board, while considering any limitation associated with the person’s size, weight or age.

3. Where the personal flotation device is to be continuously worn, the operator of the Canadian aircraft shall, prior to each flight, follow the procedures recommended by the manufacturer to inspect the personal flotation device to ascertain it is functional.  This inspection is required for those devices which are donned prior to the flight and continuously worn by a person on board.  This inspection is not required for those devices which are in addition to the number of persons carried on board.
   
   
4. The operator of the Canadian aircraft shall verify that the personal flotation device is not inherently buoyant or worn inflated while inside the aircraft.

VALIDITY

This exemption is valid until the earliest of the following:

1. the date on which any condition set out in this exemption is breached;
   
   
2. the date on which an amendment modifying section 101.01, amending the definition of personal flotation device, paragraph 602.59(2)(b) or section 602.62 of the Canadian Aviation Regulations specifically pertaining to the purpose of this exemption comes into effect; or
   
   
3. 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 have an adverse effect on aviation safety.

Dated at Ottawa, Ontario, Canada on this 14^th day of February, 2013 ,on behalf of the Minister of Transport.

[original signed by]

Martin J. Eley
Director General
Civil Aviation

Appendix A

Aircraft Operating Limitations

CANADIAN AVIATION REGULATIONS

101.01 Interpretation

(1) In these Regulations:

“personal flotation device” - means a personal flotation device that meets the standards set out in the Canadian General Standards Board Standard 65-GP-11, entitled Standard for Personal Flotation Devices, published in October 1972; (vêtement de flottaison individuel)

602.59 Equipment Standards

1. Subject to subsection (2), no person shall operate an aircraft unless the operational and emergency equipment carried on board the aircraft
   
   
   1. meets the applicable standards specified in the Airworthiness Manual; and
      
      
   2. is functional.
      
      
      
2. Paragraph (1)(a) does not apply in respect of the following operational and emergency equipment:
   
   

   1. survival equipment;

   2. a personal flotation device;

   3. ...

602.62 Life Preservers and Flotation Devices

1. No person shall conduct a take-off or a landing on water in an aircraft or operate an aircraft over water beyond a point where the aircraft could reach shore in the event of an engine failure, unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.
   
   
2. No person shall operate a land aeroplane, gyroplane, helicopter or airship at more than 50 nautical miles from shore unless a life preserver is carried for each person on board.
   
   
3. No person shall operate a balloon at more than two nautical miles from shore unless a life preserver, individual flotation device or personal flotation device is carried for each person on board.
   
   
4. For aircraft other than balloons, every life preserver, individual flotation device and personal flotation device referred to in this section shall be stowed in a position that is easily accessible to the person for whose use it is provided, when that person is seated.

Airworthiness Manual

551.403 Life Saving Equipment Over Water – Personal Flotation Devices (PFD)

 

1. Introduction
   This section contains standards of airworthiness for Personal Flotation Devices (PFDs) required by CAR 602.62.
   
   
2. Definitions
   In this section, a “Personal Flotation Devices” is a flotation device other than a life preserver or individual flotation device.
   
   
3. Equipment
   
   The design standards in the following documents apply:
   
   
   

   Standard	Criteria for Acceptance for Installation
   Current - CAN/CGSB-65.11-M88, Personal Flotation Devices, Amendment No. 4 dated January 1997 CAN/CGSB-65.15-M88 , Personal Flotation Devices for Children, Amendment No. 4 dated January 1997 UL1180 Type II Standard with Canadian Addendum	Acceptable Acceptable Acceptable only when fitted with a manual only inflator per the Canadian Addendum to UL1180 Standard
   Other: CAN/CGSB-65.11-M88 , Personal Flotation Devices, published February 1988 and Amendments Nos. 1 through 3 CAN/CGSB-65.15-M88 , Personal Flotation Devices for Children, published April 1988 and Amendments Nos. 1 through 3 CGSB-65-GP-15M, Standard for: Personal Flotation Devices for Children dated August 1978 CGSB 65-GP-11, Standard for: Personal Flotation Devices dated October 1972	Acceptable Acceptable Acceptable Acceptable

   
   
4. Installation Information Note:
   
   Although no installation standards are specified in this section, section 551.03requires that the installation of equipment meet the applicable standards of the certification basis of the aircraft.
   

Date de modification :

2013-04-2