EXEMPTION FROM PARAGRAPH 705.106(1)(c) AND SUBSECTION 705.106(4) OF THE CANADIAN AVIATION REGULATIONS AND PARAGRAPH 725.106(7)(a) OF THE COMMERCIAL AIR SERVICE STANDARDS

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 Air Canada, PO Box 14000, Station Airport, Dorval, Quebec, H4Y IH4 and their Airbus A330 and A340 qualified Cruise Relief Pilots, operating both aircraft types under a mixed fleet flying (MFF) program, as set out in the air operator's company operations manual, from the requirement of paragraph 705.106(1)(c) of the Canadian Aviation Regulations (CARs) and paragraph 725.106(7)(a) of the Commercial Air Service Standards (CASS) made pursuant to subsection 705.106(4) of the CARs, subject to the conditions stipulated herein.

Paragraph 705.1 06(1)(c) of the CARs indicates that no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person has successfully completed a pilot proficiency check, the validity period of which has not expired, for that type of aircraft, in accordance with the Commercial Air Service Standards.

Paragraph 725.106(7)(a) of the CASS requires that the consolidation period shall begin upon successful completion of an initial Pilot Proficiency Check on each aeroplane type.

Purpose

The purpose of this exemption is to allow Air Canada and their cruise relief pilots (CRP) operating Airbus A330 and A340 aircraft under a Mixed Fleet Flying (MFF) program to have a pilot proficiency check (PPC) completed on either the Airbus A330 or Airbus A340 aircraft type and be deemed to have met the PPC requirements for the other aircraft type, in accordance with the CASS. This exemption also permits Air Canada and its MFF CRPs to complete the consolidation period on either the Airbus A330 or Airbus A340, or a combination of the two aircraft types, and be deemed to have met the consolidation period requirements for both aircraft types, in accordance with the CASS.

Application

This exemption applies to Air Canada operating pursuant to subpart 705 of the CARs and their CRPs operating Airbus A330 and Airbus A340 aircraft under a MFF program.

Conditions

  1. Air Canada shall not permit a person to act, and no person shall act as the CRP of an Airbus A330 or A340 aircraft unless:
    1. the person has successfully completed a PPC on either the A340 or A330, in accordance with the CASS subsection 725.106(2) Schedule III, the validity period of which has not expired; and
    2. prior to or on completion of the initial PPC on one of the MFF type aircraft, the person has successfully completed approved differences training on the other MFF type.
  2. CRPs shall complete a PPC in accordance with subsection 725.106 (2) Schedule III of the CASS every six months, and the PPC shall alternate between the A330 and the A340 during successive six-month periods.
  3. On successful completion of the initial PPC, a CRP shall meet the requirements of subsection 725.106 (7) of the CASS by completing the consolidation period on either the A330 or A340, or a combination of the two aircraft types.
  4. If at any time before the consolidation period ends a CRP is assigned to another aeroplane type, other than the A330 or A340, the CRP shall undergo refresher training with a training pilot or check pilot before resuming the consolidation process.

Validity

This exemption is in effect until the earliest of:

  1. July 1st, 2005 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached;
  3. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards comes into effect; 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 that it is likely to affect aviation safety.

 

Dated at Ottawa, this 24th day of September 2004, on behalf of the minister of Transport Canada

 

Merlin Preuss
Director General
Civil Aviation

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