EXEMPTION FROM PARAGRAPH 401.03(1)(a) OF THECANADIAN 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 the persons listed hereinafter, who are United States licensed experimental and production test pilots working for hire and reward for Bombardier Aerospace, Learjet Inc. (hereinafter “Bombardier Aerospace”), P. O. Box 7707, Wichita, KS 67277-7707 United States, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 401.03(1)(a) states that no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating or a foreign licence validation certificate unless, subject to subsection (2) and Sections 401.19 to 401.27, the person is the holder of, and can produce while so acting and while exercising those privileges, the appropriate permit, licence or rating and a valid and appropriate medical certificate.

Purpose

The purpose of this exemption is to permit the persons listed hereinafter to exercise the privileges of acting as a pilot-in-command or co-pilot of any aeroplane manufactured by Bombardier Aerospace without a  rating for the aeroplane that is being operated under an experimental or special purpose flight permit.  Presently, it is not possible to obtain a type rating on aeroplanes that are experimental and for which a Canadian type approval or a Canadian approved type certificate has not been issued.  Additionally, the type rating is not an appropriate rating for flight test operations performed with aircraft operating under a Flight Permit. 

Application

This exemption applies to the persons listed hereinafter who are employed by
Bombardier Aerospace for hire or reward in order to operate any aeroplane manufactured by Bombardier Aerospace that is being flight tested or operated under the authority of an experimental or specific purpose flight permit. 

Conditions

This exemption is subject to the following conditions:

1. for Pilot-in-Command duties, each person shall hold a valid United States Airline Transport Pilot Certificate Aeroplane Category or a Canadian Airline Transport Pilot Licence - Aeroplane; and
    
   1. have a minimum of 3000 hours experience in Aeroplanes; or
   2. have a minimum of 2000 hours experience in Aeroplanes and be a graduate of a formally recognized Flight Test School;
       
2. for Co-pilot duties, each person shall hold a valid United States Commercial Pilot Certificate Aeroplane Category or a Canadian Commercial Pilot Licence - Aeroplane;
    
3. each person shall be certified by Bombardier Flight Test Centre to have completed the following;
    
   1. the appropriate Aeroplane Type familiarization ground school; and
   2. the appropriate Aeroplane Type Flight Crew (Pilot) Initial Position Check Knowledge Test;
       
4. each person shall hold a valid multi-engine instrument rating;
    
5. no passengers shall be carried on board other than media personnel for the purpose of reporting on the aircraft performance and characteristics;
    
6. a copy of this exemption shall form part of the licensing documents carried by each person; and
    
7. for flights outside of Canadian airspace, authority to operate under this exemption shall be received from the Civil Aviation Authority of the state whose territory is being entered prior to entry into the territory.

Validity

This exemption is in effect until the earliest of:

1. March 15th, 2005, at 23:59 EDT;
2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
3. the date on which any condition set out in this exemption is breached; 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 is likely to affect aviation safety.

Exemption Cancellation

The exemption from paragraph 401.03(1)(a) of the Canadian Aviation Regulations issued to Bombardier Aerospace, on December 19, 2003, at Ottawa, by the Director General Civil Aviation, on behalf of the Minister of Transport is hereby cancelled in order to update the list of persons to whom the exemption applies.

Dated at Ottawa (Ontario), this 2nd  day of April  2004, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-11-2