EXEMPTION FROM SUBSECTIONS 602.128 (1) and (2) and SUBSECTIONS 602.129(1) and (3), OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 test pilots-in-command (PICs) and authorized PICs working for hire or reward for Bombardier Inc. when involved in the flight testing and operational evaluation of experimental aircraft under Instrument Flight Rule (IFR) conditions from the requirements set out in subsections 602.128(1) and (2) and subsections 602.129 (1) and (3) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 602.128(1) of the CARs states that no PIC of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the route and approach inventory.

Paragraph 602.128(2)(a) of the CARs prohibits PICs of IFR aircraft from descending below the decision height, in the case of Category I (CAT I) precision approach, unless the required visual reference necessary to continue the approach to land has been established. Paragraph 602.128(2)(b) of the CARs prohibits PICs of IFR aircraft from descending below the minimum descent altitude, in the case of non-precision approach, unless the required visual reference necessary to continue the approach to land has been established.

Subsections 602.129(1) and (3) of the CARs prohibit PICs of IFR aircraft to continue an instrument approach if the Runway Visual Range (RVR) is reported to be below the minimum RVR unless the exceptions set out in paragraphs 602.129(3)(a) to (d) of the CARs apply. The RVR is below the minimum RVR if where both the reported RVR "A" and "B" are measured, RVR "A" is less than 1200 feet and RVR "B" is less than 600 feet or, where only one of RVR "A" or "B" is measured, the RVR is below 1,200 feet.

Purpose

The purpose of this exemption is to permit Bombardier Inc. (hereinafter "the Operator") to develop, certify, and test an infrared visual aid, the Bombardier Enhanced Vision System (EVS), which is displayed on the Head Up Display (HUD).

This exemption is required to allow the operator’s test PICs and PICs authorized by Bombardier Inc. for the purpose of flight testing and operational evaluation, of experimental aircraft under IFR conditions, to descend below the Decision Height (DH) when conducting a CAT I precision approach and below the Minimum Descent Altitude (MDA) when conducting a non-precision approach to 100 feet Height Above Touchdown (HAT) Zone Elevation, or to commence an IFR approach if the reported RVR "A" or "B", if measured for the runway in use is below 1,200 feet, when using a Bombardier EVS to acquire the required visual references.

Application

This exemption applies to test PICs and authorized PICs working for hire or reward for Bombardier Inc. when involved in the flight testing and operational evaluation under IFR conditions, of Global Express experimental aircraft serial number 9001 and Global 5000 experimental aircraft serial number 9127.

Conditions

This exemption is subject to the following conditions:

Testing Methodology and Documentation

  • The Operator shall write the RSI incorporating the conditions of this operating exemption;
  • The flight testing shall comply with any conditions contained in the associated Federal Aviation Administration (FAA) waiver that are more restrictive;
  • The Operator shall allow flight test pilots, operational evaluation pilots and flight test engineers working for hire or reward for Transport Canada, the Federal Aviation Administration (FAA) and European Aviation Safety Agency (EASA) and/or Joint Aviation Authorities (JAA), to participate during testing of the EVS for assessment purposes;
  • The Operator shall permit Transport Canada Civil Aviation (TCCA) to conduct a review and amend the flight test plan as necessary;
  • Authorization to conduct flight testing to the lowest authorized minimums, by the Operator, shall be based upon an incremental testing process and acquired flight test data; and
  •  
  • The Operator shall submit Standard Operating Procedures that will be utilized during the flight testing, which shall include: crew coordination, EVS indicating altitude calls, and course deviation indications of not more than specified deviation values.

Airspace

  • Flight testing of EVS shall be conducted at controlled airports only;
  • Flight testing shall be conducted at aerodromes with on-site weather services;
  • All flight testing of the EVS requiring this exemption shall be limited to runways with Instrument Landing System (ILS) approaches or area navigation (RNAV) approaches with published LNAV/VNAV straight-in minima; and
  • Suitable obstacle assessment shall be conducted from between the published missed approach and defined balked landing point, to a safe altitude and considering One Engine Inoperative (OEI) performance.

Aircraft Performance

  • Aircraft weight shall be limited to meet the most limiting of Aircraft Flight Manual (AFM) (FAR 25) climb performance, Category II (CAT II) 2.5% net climb gradient, or required departure gradient for the runway associated with the missed approach with OEI, considering, pressure altitude and outside air temperature.

Training

  • Pilots assigned to the EVS flight testing and operational evaluation program shall have suitable HUD and EVS training;
  • The Operator shall provide suitable CAT II ground and flight training for PICs and SICs, and shall provide TCCA with the flight-training syllabus outlining the CAT II training conducted. The ground training for the PIC and SIC, shall include the following subjects:
  1. The operational characteristics, capabilities and limitations of the CAT II ILS and visual aids (e.g. approach lights, in-running lights, RVR sensors, runway markings);
  2. The operational characteristics, capabilities, limitations, and applicable procedures of the CAT II airborne system to be used by the Operator, as contained in the approved AFM Supplement for CAT II Operations for the Global Express and Global 5000 aircraft;
  3. Resolution of the DH/ Decision Altitude (DA):
    1. normal height loss during approach; and
    2. time to correct an azimuth error before flare;
  4. Missed approach technique using fixed or computed attitude guidance display, as appropriate;
  5. The use of visual cues associated with the runway environment during CAT II weather conditions with different glide path angles, cockpit cut-off angles and the altitude at which these visual cues are normally discernible;
  6. Problems associated with the transition from non-visual flight during RVR operations of 2,600 or less, including emphasis on the need for continuing to monitor flight instruments (or of staying coupled) until pitch attitude and vertical descent path have been visually assessed;
  7. The effect of wind shear and turbulence;
  8. Crew duties;
  9. Significant factors in the calculation of DH/DA; and
  10. Recognition of and proper reaction to significant failures encountered prior to and after reaching DH/DA as applicable.

Operations

  • The flight testing of the EVS shall be limited to the Operator’s test pilots-in-command (PIC), and flight test engineers, and authorized PICs and flight test engineers working for hire or reward for Bombardier Inc., and also flight test pilots, operational evaluation pilots and flight test engineers working for hire or reward for Transport Canada, the FAA and EASA and/or JAA, for the purpose of flight testing and operational evaluation;
  • The Operator shall perform ground or airborne alignment checks of HUD-EVS prior to commencing instrument approaches in IFR conditions;
  • The Operator shall notify Air Traffic Control when flight testing the EVS and two-way communications shall be maintained at all times;
  • Flight Management System (FMS) temperature compensation shall be applied during the conduct of RNAV instrument approaches;
  • Terrain Awareness and Warning System (TAWS)/Enhanced Ground Proximity System (EGPWS) shall be operative and the pilots shall be aware of any limitations to the alerting envelope;
  • All aircraft CAT II equipment shall be operative when flight testing the EVS;
  • Both radio altimeters shall be operative and displayed;
  • Approach facilities required for the instrument approach being conducted shall be continuously displayed and monitored;
  • Descent below 100 feet height above touch downs zone elevation (HAT) to land shall only be permitted if the required visual reference to continue the approach to land has been established without the aid of the EVS; and
  • Instrument approaches shall be discontinued by a missed approach, if lateral or vertical deviation exceeds specified limits on the pilot’s displays.

Validity

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

  1. December 1, 2007, 23:59 EST;
  2. The date on which any condition 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 is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 13th day of January 2006, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation

Date de modification :

Report a problem with this page

Date modified: