EXEMPTION FROM SUBSECTION 602.128(4) AND PARAGRAPHS 3.2.1 AND 3.4.2 D) OF THE MANUAL OF ALL WEATHER OPERATIONS (CATEGORIES II AND III) (TP 1490)

From: Transport Canada

EXEMPTION FROM SUBSECTION 602.128(4) AND PARAGRAPHS 3.2.1 AND 3.4.2 D) OF
THE MANUAL OF ALL WEATHER OPERATIONS (CATEGORIES II AND III) (TP 1490)

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 private operators operating under Subpart 604 of the Canadian Aviation Regulations (CARs) and their flight crew members , from the requirements of paragraphs 3.2.1 and 3.4.2 D) of the Manual of All Weather Operations (Categories II and III) made pursuant to subsection 602.128(4) of the Canadian Aviation Regulations, subject to the following conditions.

Subsection 602.128(4) requires that the flight crew conducting CAT II or CAT III precision approaches be trained in accordance with the Manual of All Weather Operations (Categories II and III). See Annex A attached.

Paragraph 3.2.1 of the Manual of All Weather Operations (Categories II and III), specifies that the certification has to be done by a Transport Canada, Aviation Group (TCAG) inspector or an approved company check pilot. See Annex A attached.

Paragraph 3.4.2 D) specifies that the period for certification will be 6 months and allows the renewal test to be combined with either semi-annual pilot proficiency check or during an approved LOFT program. See Annex A attached.

The purpose of this exemption is to permit the renewal test for a CAT II or CAT III qualification to be conducted by a qualified simulator instructor during 12 month interval training session where a biannual check is not being completed.

APPLICATION

This exemption applies to Canadian private operators operating under Subpart 604 of the Canadian Aviation Regulations and their flight crew members.

CONDITIONS

This exemption is subject to the following conditions:

  1. The private operator shall document, in the approved Company Operations Manual, the procedure for certification of the CAT II or CAT III competency of a pilot-in-command and second-in-command by the Chief Pilot or his or her designate as part of the procedures required under paragraph 4.7 of the Private Operator Certificate Program Manual.
  2. The candidate shall have received the preceding CAT II or CAT III certification from the Chief Pilot or his designate as part of a biennial conducted under paragraph 4.9 of the Private Operator Certificate Program Manual.
  3. The process for the confirmation of the CAT II or CAT III competency of a pilot-in-command by a qualified simulator instructor shall be documented in the Company Operations Manual.
  4. The validity period of the candidate’s certification for CAT II or CAT III has not expired on the day of the test.
  5. The private operator shall specify, in the Company Operations Manual, that the validity period of a CAT II or CAT III certification made by the Chief Pilot, or his or her designate, expires on the first day of the thirteenth month following the month in which the test was completed.
  6. The chief pilot, or his or her designate, has certified in the pilot's training file that the pilot-in-command is competent to conduct CAT II or CAT III operations; and,
  7. The chief pilot, or his or her designate, has certified in the pilot’s training file that the second-in-command has completed the required CAT II or CAT III training program and is certified to act as second-in-command during CAT II or CAT III operations.
  8. The process by which the Chief Pilot designates a qualified simulator instructor to perform CAT II and CAT III competency check on his behalf shall be described in the current Company Operations Manual.
  9. The private operator and the flight crew member shall comply with all other requirements of paragraphs 3.2.1 and 3.4.2 D) of the Manual of All Weather Operations (Categories II and III). 
  10.  A copy of this exemption shall be included in the Company Operations Manual.

VALIDITY

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

  1. November 30th, 2009 at 23:59 EDT;
  2. the date on which any of the conditions set out in this exemption are breached; or 
  3. 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 atOttawa, Ontario, Canada this 12th day of June 2008, on behalf of the Minister of Transport, Infrastructure and Communities. 

OSB Merlin  Preuss on June 12, 2008

Merlin  Preuss                                   
Director General
Civil Aviation

ANNEX A

Landing Minima

602.128 (4) Notwithstanding anything in this Division, no pilot-in-command of an IFR aircraft shall conduct a precision approach to CAT II or CAT III minima unless

  1. the flight crew has received the training specified in the Manual of All Weather Operations (Categories II and III); and
  2. the aircraft is operated in accordance with the procedures, the equipment requirements and the limitations specified in the manual referred to in paragraph (a).

ANNEX A 

Landing Minima

3.2.1 The minima prescribed above are authorized only for those pilots-in-command who have completed an approved CAT II/III training program and have been certified by a TCAG Inspector or an approved company check pilot as being qualified for CAT II/III operations. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-jet aircraft unless he has had at least 300 hours as pilot-in-command in turbo-jet aircraft. The pilot-in-command must also have completed 100 hours of line flying on the aircraft type, in command unless otherwise authorized in an operating certificate or operations manual. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-prop aircraft or rotorcraft unless he has had 100 hours as pilot-in-command on the type of turbo-prop aircraft or rotorcraft for which he is approved. Further, the second-in-command must have completed the required CAT II/III training program and have been certified by the carrier to act as second-in-command
during CAT II/III operations.

3.4.2 D) The period of certification will be for six months; renewal tests may be combined with semi-annual pilot proficiency checks or during an approved LOFT program;

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