EXEMPTION FROM SUBPARAGRAPH 705.106(1)(b)(i) 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 Canadian air operators, operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), and flight crew members employed by that air operator from the requirements set out in subparagraph 705.106(1)(b)(i) of the CARs.

The requirements of the subparagraph 705.106(1)(b)(i) of the CARs are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit air operators, operating under Subpart 5 of Part VII of the CARs, and its flight crew members to meet the requirements of the CARs through an alternate means using level C or D Full Flight Simulators (FFS) to complete the three take-offs and three landings required, while maintaining an equivalent level of safety until the new regulation is published in the CARs.

APPLICATION

This exemption applies to Canadian air operators, operating under Subpart 5 of Part VII of the CARs, and flight crew members employed by those air operators.

CONDITIONS

This exemption is subject to the following conditions:

1. The person shall have completed at least three take-offs and three landings as the pilot at the controls in an aircraft of that type, or in a level C or higher FFS representing that type of aircraft that has been approved by the Minister under Subpart 6 of Part VI of the CARs for take-off and landing qualifications, and one sector assigned to duty as a flight crew member in an aircraft of that type; and
2. The air operator shall insert a copy of this exemption in its company operations manual.

VALIDITY

This exemption will come into effect on January 16th, 2006 at 00:01 EST, and will be in effect until the earliest of the following:

1. 23:59 EDST on July 15, 2007

;

The date on which an amendment to the appropriate provision of the CARs comes into effect;

The date on which any of the conditions set out in this exemption is breached; or

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 it is likely to affect aviation safety.

Dated

at Ottawa, Ontario, Canada this 16^th day of November, 2005, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt

for

Merlin Preuss
Director General
Civil Aviation

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APPENDIX A

705.106 (1)

Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person

…

1. (b)

within the previous 90 days,

1. (i) 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 an aircraft of that type,

   …

Date de modification :

2006-02-0