EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) and (ii) and PARAGRAPH 705.106(1)(d) 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 an air operator whose pilots operate Airbus A330 and Airbus A340 aircraft under a mixed fleet flying (MFF) program as set out in the air operator’s company operations manual from the requirements of subparagraphs 705.106(1)(b)(i) and (ii) and paragraph 705.106(1)(d) of the Canadian Aviation Regulations (CARs). These subparagraphs and paragraph prohibit an air operator from permitting a person to act as a pilot-in-command, second-in-command, or cruise relief pilot of an aircraft unless the person:

• within the previous 90 days has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew in an aircraft of that type, or within the previous 90 days has completed five sectors assigned to duty as a flight crew member in an aircraft of that type; and
• has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired for that type of aircraft, in accordance with the Commercial Air Service Standard (CASS).

This exemption is required in order to permit pilots operating Airbus A330 and Airbus A340 aircraft under a MFF program to maintain their currency qualifications and line check requirements on both the Airbus A330 and the Airbus A340 aircraft types by considering take-offs, landings, sectors, and line check requirements on one type to provide the same currency qualifications and line check requirements on the other type.

Purpose

The purpose of this exemption is to allow pilots of an air operator operating Airbus A330 and Airbus A340 aircraft under a MFF program to maintain their currency qualifications and line check requirements on both the Airbus A330 and the Airbus A340 aircraft types by considering take-offs, landings, sectors, and line check requirements on one type to provide the same currency qualifications and line check requirements on the other type.

Application

This exemption applies to an air operator operating pursuant to subpart 705 of the CARs whose pilots-in-command, seconds-in-command, or cruise relief pilots operate Airbus A330 and Airbus A340 aircraft under a MFF program over similar intercontinental and transoceanic sectors.

Conditions

1. No air operator shall permit a person to act, and no person shall act as a pilot-in-command, second-in-command, or cruise relief pilot of an Airbus A330 or Airbus A340, unless the person:
    
   1. within the previous 90 days;
       
      1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in either an Airbus A330 or an Airbus A340 aircraft, or a combination thereof, or
          
      2. has completed five sectors assigned to duty as a flight crew member in either an Airbus A330 or an Airbus A340 aircraft, or a combination thereof,
          
   2. has successfully completed or is undergoing a line check or line indoctrination training, the validity period of which has not expired, for the Airbus A330 or the Airbus A340 aircraft, in accordance with the Commercial Air Service Standards; and
       
   3. maintains pilot qualifications by sequentially alternating line check requirements between the Airbus A330 and Airbus A340 aircraft types on intercontinental or transoceanic sectors.
       
2. The affected pilot-in-command, second-in-command, or cruise relief pilot shall operate the Airbus A330 and the Airbus A340 aircrafts under a MFF program, as described in the company operations manual, over similar intercontinental and transoceanic sectors.

Validity

This exemption is in effect until the earliest of:

1. 24:00 EST on March 1, 2004;
    
2. the date on which any condition set out in the exemption is breached;
    
3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; or
    
4. the date on which this exemption is canceled 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 day of March 5 2002, on behalf of the Minister of Transport.

Merlin Preuss
Acting Director General
Civil Aviation

Date de modification :

2002-10-1