EXEMPTION FROM PARAGRAPH 401.03(1)(a) OF THE CANADIAN AVIATION REGULATIONS

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 Mr. Stephen P. Day, Transport Canada Aircraft Certification Design Approval Representative (DAR) Test Pilot #319, working for hire or reward for Stephen Day Consulting Ltd., 70 Cottonwood Crescent, Moncton, New Brunswick, E1G 1W6, from the requirement 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 Mr. Stephen P. Day to exercise the privilege 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 Mr. Stephen P. Day, Transport Canada Aircraft Certification Design Approval Representative (DAR) Test Pilot #319, working for hire or reward for Stephen Day Consulting Ltd. while exercising the privilege 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 operated under the authority of an experimental flight permit.  

Conditions

This exemption is subject to the following conditions:

  1. Mr. Stephen P. Day shall hold a valid Airline Transport Pilot Licence - Aeroplane Category (ATPL-A #204961).
  2. No passengers shall be carried on board.
  3. A copy of this exemption shall form part of Mr. Stephen P. Day’s licensing documents and shall be carried with his licensing documents.
  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 comes into effect on April 23, 2007 at 00:01 AST until the earliest of the following:

  1. The date on which Mr. Stephen P. Day is no longer delegated the authority to act as a Design Approval Representative Test Pilot on behalf of Transport Canada, Government of Canada;
  2. The date on which any condition set out in this exemption is breached;
  3. The date on which an amendment to the CARs or related standards, modifying the subject-matter specifically addressed in this exemption, 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 is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 24th day of April 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Merlin Preuss
Director General
Civil Aviation

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