EXEMPTION FROM PARAGRAPH 401.03(1)(a) 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 the persons listed hereinafter who are Engineering Test Pilots, Aircraft Certification, working for hire or reward for Transport Canada, Government of Canada, Tower C, Place de Ville, 330 Sparks, 3rd floor, Ottawa, Ontario K1A 0N8, from the requirements set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs) in accordance with the purpose and application set out below and 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 unless the person is the holder of, and can produce while so acting and while exercising such 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 pilot-in-command or co-pilot of any aeroplane for the purpose of airworthiness flight testing without a type rating for the aeroplane that is being flight tested.  This exemption is required because ratings for aeroplanes being flight tested are either unavailable or inappropriate.

Application

This exemption applies to the persons listed hereinafter working for hire or reward for Transport Canada, Government of Canada and exercising the privilege of acting as pilot-in-command or co‑pilot of any aeroplane for the purpose of airworthiness flight testing aeroplanes for Transport Canada.
                                     
Names                               Canadian Licence

Leo Galvin                                AA 36774
Donald Stephen                        AA 237398
Richard Walker                         AA 146221     
James Manton                          AA 315180
Kevin Horton                            AA 201447
William Jupp                             AA 305794     

Conditions

This exemption is subject to the following conditions:

1. each person listed herein shall hold a valid Airline Transport Pilot Licence - Aeroplane while employed by Transport Canada;
2. no passengers shall be carried on board;
3. a copy of this exemption shall form part of the licensing documents carried by each person listed herein; and
4. for flights outside of Canadian airspace, authority to operate under this exemption shall, prior to entry, be received from the Civil Aviation Authority of the state whose territory is being entered.

Validity

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

1. August 15th, 2006, at 23:59 EDT;
2. the date on which one of the persons listed herein no longer works for hire or reward for Transport Canada;
3. the date on which any condition set out in this exemption is breached;
4. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into affect;
5. 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.

Dated at Ottawa, Ontario, Canada this 18th day of August 2005, on behalf of the Minister of Transport.

Original signed by Franz Reinhardt for

Merlin Preuss
Director General
Civil Aviation

Date de modification :

2006-07-1