EXEMPTION FROM SUBSECTION 605.38(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 persons who operate aircraft under subsection 700.02(3) or subpart 702 of the Canadian Aviation regulations (CARs) involved in the dispersal of products for agricultural purposes from the requirement of subsection 605.38(1) of the CARs which stipulates that no person shall operate an aircraft unless it is equipped with one or more Emergency Locator Transmitter (ELT) in accordance with subsection 605.38(2) of the CARs, subject to the following conditions.

PURPOSE

The purpose of this exemption is to allow aircraft operators operating for agricultural purposes, to operate without carrying an ELT and to harmonize with the Federal Aviation Regulations (FARs) of the United States, which exempt agricultural application aircraft from carrying an ELT.

APPLICATION

This exemption applies to persons who operate an aircraft when involved in the dispersal of products for agricultural purposes pursuant to subsection 700.02(3) and subpart 702 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

1. The aircraft shall be less than 5700 kg (12,500 pounds) Maximum Certified Take-Off Weight (MCTOW);
2. The aircraft shall be operated within 25 nautical miles of the aerodrome of departure; and
3. A copy of this exemption shall be carried on board the aircraft.

VALIDITY

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

1. The date on which an amendment to the appropriate regulations of the CARs comes into effect;
2. The date on which any of the conditions set out in this exemption is breached; 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 it is likely to affect aviation safety.

 

Dated at Ottawa, Ontario, Canada this 6^th day day of December, 2005 on behalf of the Minister of Transport.

Original signed by Franz Reinhardt

for
Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-02-0