EXEMPTION FROM SUBSECTION 700.16(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 Canadian air operators conducting MEDEVAC services operating under Subparts 703, 704 or 705 of the Canadian Aviation Regulations (CARs) and their flight crew members, from the application of subsection 700.16(1) of the CARs, subject to the following conditions.

Subsection 700.16(1) of the CARs indicates that no air operator shall assign a flight crew member for flight duty time, and no flight crew member shall accept such an assignment, if the flight crew member's flight duty time will, as a result, exceed 14 consecutive hours in any 24 consecutive hours.

PURPOSE

The purpose of this exemption is to permit Canadian air operators conducting MEDEVAC operations pursuant to Subparts 703, 704 and 705 of the CARs to extend the flight duty time of a flight crew member to 17 consecutive hours in any 24 consecutive hours when required to save human life and their flight crew members to accept such assignment.

APPLICATION

This exemption applies to all Canadian air operators conducting MEDEVAC operations pursuant to Subparts 703, 704 and 705 of the CARs and to their flight crew members.

CONDITIONS

This exemption is subject to the following conditions:

1. This exemption shall not be used in conjunction with the exemption from Subsections 700.16(3) and (4) of the CARs;
2. The flight is required to save human life based on the best assessment available;
3. The pilot-in-command shall not conduct the flight unless, after consultation with other flight crew members, he or she considers it safe to do so;
4. Flight duty time shall not be extended beyond the minimum required to transport the patient(s) to the first location where appropriate medical treatment can be rendered;
5. The flight crew members shall not commence a flight following the disembarkation of the patient(s) until they have obtained the rest period specified in condition 6;
6. Where the flight duty time is extended, the subsequent minimum rest period shall be increased by an amount at least equal to the extension to the flight duty time; and
7. The air operator shall notify the Transport Canada Principal Operations Inspector within 24 hours of the circumstances regarding the extension of flight duty.

EXEMPTION CANCELLATION

The exemption from subsection 700.16(1) of the Canadian Aviation Regulations issued by the Director General, Civil Aviation, on behalf of the Minister of Transport, on May 25, 2005 and valid to October 31, 2006, to Canadian air operators conducting dedicated ( non ad hoc) MEDEVAC services operating under Subparts 703, 704 or 705 of the Canadian Aviation Regulations (CARs) and their flight crew members, is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

VALIDITY

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

1. EDT at 23:59 June 30, 2007;
2. the date on which an amendment to the appropriate provisions of the CARs comes into effect;
3. the date on which any of the conditions 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 it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 8th day of, July 2005, on behalf of the Minister of Transport.

Original signed by Don Sherritt
for

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-02-1