EXEMPTION FROM PARAGRAPH 602.25(2)(b) OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having determined that the exemption is in the public interest and is not likely to affect aviation safety, I hereby exempt pilot-in-command of helicopters operated pursuant to a Private Operator Certificate (POC) issued by the Canadian Business Aviation Association (CBAA) from the requirements of paragraph 602.25(2)(b) of the Canadian Aviation Regulations (CARs).  This exemption is subject to the following conditions.

Paragraph 602.25(2)(b) of the CARs stipulates that no pilot-in-command of an aircraft shall permit a person to enter or leave the aircraft during flight unless the flight is authorized under Subpart 603 of the CARs or the entering or leaving is permitted in accordance with section 702.19 of the CARs.

PURPOSE

The purpose of this exemption is to allow the pilot-in-command of a helicopter to authorize a person to enter or leave the helicopter during flight when the helicopter is operated pursuant to a POC issued by the CBAA.

APPLICATION

This exemption applies only to pilots-in-command of helicopters conducting flight operations pursuant to a POC issued by the CBAA.

CONDITIONS

This exemption is subject to the following conditions:  The pilot-in-command of a helicopter may permit a person to enter or leave the helicopter in flight, provided the following conditions are met:

  1. The holder of the POC shall conduct a risk analysis of the intended operations and design, document and implement procedures to mitigate residual risks.
  2. The risk analysis and procedures shall be reviewed by a CBAA – accredited auditor.
  3. The operator's POC shall be annotated by the CBAA to reference this exemption.
  4. In addition, the following restrictions apply:
    1. The pilot-in-command shall operate the helicopter at a low hover;
    2. The pilot-in-command shall only authorize the person to enter directly from or alight directly onto the supporting surface;
    3. The pilot-in-command shall conduct operations under day VFR conditions while the helicopter maintains a stabilized hover;
    4. The longitudinal and lateral centre of gravity shall be calculated for embarking and disembarking operations and shall not exceed the limitations of the applicable flight manual;
    5. The operating weight shall be calculated and shall not exceed the applicable weight/attitude/temperature (WAT) hover performance charts for the helicopter type and configuration at the operating altitude;
    6. The pilot-in-command shall instruct persons to be embarked or disembarked on related hazards and techniques;
    7. Any equipment or cargo to be loaded or unloaded shall be secured to prevent shifting in flight except during loading and unloading.  Cargo or equipment shall not be loaded or unloaded from a baggage compartment remote from the main cabin unless the applicable centre of gravity calculation is completed and cargo handlers have been instructed on procedures; and
    8. The private operator's Company Operations Manual shall include embarking and disembarking operational procedures, briefing procedures and crew member training requirements.
  5. The private operator shall provide training to crew member that include, at a minimum, the following:
    1. Ground Training:
      1. briefing procedures for persons to be embarked or disembarked, including procedures for loading of equipment;
      2. calculation of weight and centre of gravity limits including calculation of C of G change.
    2. Flight Training:
      1. precision hovering at gross weight with centre of gravity at lateral limits;
      2. precision hovering while persons disembark, load equipment and embark.

VALIDITY

This exemption is in effect until the earliest of:

  1. On July 31st, 2009 at 23:59 (EST); 
  2. The date on which any one of the conditions set out in this exemption is breached;
  3. he date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations comes into effect; or 
  4. 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 have an adverse affect on aviation safety.

Dated at Ottawa, Ontario, Canada this 15th day of January 2008, on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss on January 15, 2008

Merlin Preuss
Director General
Civil Aviation

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