EXEMPTION FROM SUBPARAGRAPHS 705.106(1)(b)(i) and (ii), and PARAGRAPHS 705.106(1)(c) and 705.106(1)(4), SUBSECTION 705.113(1), PARAGRAPH 705.113(2)(a) OF THE CANADIAN AVIATION REGULATIONS and PARAGRAPHS 725.106(2)(a to 0, SUBSECTION 725.106(3) and SU...

From: Transport Canada

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 Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y 1H4 and their Airbus A330 and A340 qualified pilots-in-command, seconds-in-command and cruise relief pilots operating both aircraft types 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), paragraphs 705.106(1)(c) and 705.106(1)(d), subsection 705.113(1) and paragraph 705.113(2)(a) of the Canadian Aviation Regulations (CARs) and paragraphs 725.106(2)(a to i), subsections 725.106(3) and (4) of the Commercial Air Service Standards made pursuant to paragraphs 705.106(1)(c) and (d) of the CARs subject to the following conditions.

The details of the above provisions are attached at Appendix A. PURPOSE

The purpose of this exemption is to allow Air Canada and their A330 and A340 qualified pilots operating both aircraft types under a MFF program to maintain their currency qualifications, on both the Airbus A330 and the Airbus A340 aircraft types by considering take-offs, landings and sectors on one type to provide the same currency. qualifications on the other type. This exemption also will allow Air Canada and their A330 and A340 qualified pilots to complete a pilot proficiency check (PPC) and line check on either the Airbus A330 or Airbus A340 aircraft type and be deemed to have met the PPC requirements and line check requirements for the other aircraft type, in accordance with the CASS.

For the purpose of this exemption, "Mixed Fleet Flying" is operation of a base aircraft and one or more variants of the same type, common type, related type or a different type by one or more flight crewmembers, between training or checking events.

APPLICATION

This exemption applies to Air Canada operating pursuant to subpart 705 of the CARs and .their qualified pilots-in-command, seconds-in-command, and cruise relief pilots operating Airbus A330 and Airbus A340 aircraft under a MFF program over similar intercontinental and transoceanic sectors.

CONDITIONS

This exemption is subject to the following conditions:

  1. Air Canada shall not 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, and

    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 (CASS).

  2. Pilots-in-command, seconds-in-command, and cruise relief pilots shall also complete a PPC. in accordance with subsection 725.106 (2) Schedule I or III of the CASS, as applicable, every six months, and the PPC shall alternate between the A330 and the A340 during successive six-month periods.

  3. When a PPC is conducted on one type of aircraft as specified in condition 2 above, the PPC requirements for the other type of aircraft shall be deemed to have been met.

  4. When a line check is conducted on one type of aircraft, the line check requirements for the other type of aircraft shall be deemed to have been met.

  5. The line check for each flight crew member referred to in (2) shall be conducted over a "typical part of the air operator's route" and,

    1. for cruise relief pilots, it shall be completed in either the Airbus A330 or the Airbus A340;

    2. for pilot-in-command or second-in-command that have flown at least one sector in both the Airbus A330 and the Airbus A340 within the ninety days prior to the line check, it shall be completed in either the Airbus A330 or the Airbus A340;

    3. for pilot-in-command or second-in-command that have not flown at least one sector in both the Airbus A330 and the Airbus A340 within the ninety days prior to the line check, it shall be completed in the aircraft type that was not flown during the 90 day period prior to the line check.

  6. The affected pilot-in-command, second-in-command, or cruise relief pilot shall operate the Airbus A330 and Airbus A340 aircraft types under a MFF program, as described in the company operations manual, and in accordance with the terms and conditions established in this exemption, over similar sectors

  7. Air Canada shall verify periodically that the ratio of overseas line checks to domestic line checks is approximately proportional to the ratio of overseas/domestic flights in the schedule.

  8. Air Canada shall implement a requirement for pilot self review of A330 / A340 differences prior to operating a flight in a type where the pilot has not operated a sector or received training on that type within the 90 days prior to the flight.

  9. Candidates' knowledge of ETOPS procedures, rules and requirements, and their practical application shall be verified during line checks on all pilots in the MFF program, irrespective of the aircraft type on which the line check is completed or the geographical area over which the line check is flown.

  10. The verification of ETOPS knowledge shall be conducted in the form of a discussion by the check pilot using a questionnaire that is acceptable to Transport Canada, to help identify and correct any deficiencies in candidates' ETOPS knowledge.

VALIDITY

This exemption comes into effect on July 1, 2005 at 23:59 EDT and is in effect until the earliest of the following:

  1. July 1st, 2006 at 23:59 EDT;

  2. the date on which any condition set out in this 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, Ontario, Canada this 30th day of June 2005, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

 

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