EXEMPTION FROM SUBSECTION 705.45(1) 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 the pilot-in-command of Hawker Siddeley HS748 aeroplanes equipped with a flight deck door from the requirements of subsection 705.45(1) of the Canadian Aviation Regulations (CARs), subject to the conditions of this exemption.

Subsection 705.45(1) of the CARs states that subject to subsection (2), after May 1, 2002,

• the pilot-in-command of an aeroplane that is equipped with a flight deck door shall ensure that all times from the moment the passenger entry doors are closed in preparation for departure until they are opened on arrival,

(a) in the case of an aeroplane referred to in subsection 705.80(2), the flight deck door is closed and locked using the locking device required by subsection 705.80(3); and

(b)

in the case of any other aeroplane,

(i) the flight deck door is closed, and

(ii) if the door is equipped with a locking device, it is locked.

The purpose of this exemption is to allow the pilot-in-command of a Hawker Siddeley HS748 aeroplane equipped with a flight deck door to operate the aeroplane without the flight deck door being closed and locked when a Transport Canada inspector or a company check pilot is conducting an in-flight inspection or a line check, if the configuration of the door and observer seat precludes the door from being closed while the observer seat is occupied.

This exemption applies to the pilot-in-command of a Hawker Siddeley HS748 aeroplane equipped with a flight deck door - that cannot be closed when the observer seat is occupied - during flights when a Transport Canada Inspector or company check pilot is occupying the observer seat for the performance of an in-flight inspection or a line check.

This exemption is subject to the following conditions:

1. the pilot-in-command of a Hawker Siddeley HS748 aeroplane shall only operate the aeroplane without the flight deck door being closed and locked when the use of the observer seat precludes the closure of the flight deck door;

2. the pilot-in-command of a Hawker Siddeley HS748 aeroplane shall only operate the aeroplane without the flight deck door being closed and locked when a Transport Canada Inspector or company check pilot is occupying the observer seat for the performance of an in-flight inspection or line check;

3. a copy of this exemption shall be carried onboard the aeroplane at all times that the observer seat is occupied;

4. the air operator shall make every effort to have the flight deck door modified so that it can be closed and locked while the observer seat is occupied at the earliest possible opportunity, subject to parts availability; and

5. if a bulkhead with a door that separates the flight deck from the passenger compartment is installed, that door shall be closed during flight. If that door is equipped with a lock, it shall be locked during flight.

Validity

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

1. 23:59 EST on 09 April, 2003;

2. the date on which the aeroplane is equipped with a flight deck door that meets the requirements of subsection 705.45 at all times;

3. the date on which any condition 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 that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Ottawa, this 29^th day of May 2002, on behalf of the Minister of Transport.

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2002-11-1