EXEMPTION FROM THE "NOTE" TO PARAGRAPH 605.38(3)(b) 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 and flight crewmembers, operating under Subpart 5 of Part VII of the Canadian Aviation Regulations (CARs), from the requirements set out in the "Note" attached to Paragraph 605.38(3)(b) of the (CARs), subject to the following conditions.

The "Note" attached to Paragraph 605.38(3)(b) of the CARs states that Paragraph 605.38(3)(b) will be repealed on September 1, 2004 as published in Canada Gazette, Part II on October 9, 2002.

PURPOSE

The purpose of this exemption is to extend the date on which Paragraph 605.38(3)(b) will be repealed to 1 September 2005 in order to provide additional time for air operators to install an Emergency Locator Transmitter (ELT) as required by the table set out in paragraph 605.38(2).

APPLICATION

This exemption applies to air operators operating a multi-engined turbo-jet aeroplane of more than 5,700 kg (12,500 pounds) maximum certificated take-off weight MCTOW that is being operated:

1. in IFR flight within controlled airspace over land, and
2. south of latitude 66° 30’ N.

CONDITIONS

This exemption is subject to the following conditions:

1. The air operator shall have a type "A" operational control system, which provides direct communication between the pilot-in-command and the dispatcher.
2. The air operator shall install the required ELT during the next major airframe maintenance check that exposes the appropriate section of the airframe.

VALIDITY

This exemption is in effect until the earliest of:

1. 23:59 EST on September 1, 2005;
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 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 6th day of August 2003, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt
for

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2004-03-3