EXEMPTION FROM SUBSECTION 605.33(2) 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 Canadian air operators and flight crew members from Subsection 605.33(2) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Subsection 605.33(2) states that subject to section 605.34, no person shall conduct a take-off in a multi-engined turbine-powered aircraft that is configured for six or more passenger seats and for which two pilots are required by the aircraft type certificate or by the subpart under which the aircraft is operated, unless the aircraft is equipped with a cockpit voice recorder (CVR) that conforms to section 551.101 of Chapter 551 of the Airworthiness Manual and section 625.33 of Standard 625 – Aircraft Equipment and Maintenance of the General Operating and Flight Rules Standards.

PURPOSE

The purpose of this exemption is to allow Canadian air operators and flight crew members who operate multi‑engined, turbined-powered aircraft under the single-pilot IFR authority Section 703.86 of the CARs to continue to operate for a maximum period of 90 days without a CVR following the failure of the auto-pilot.

APPLICATION

This exemption applies to Canadian air operators and flight crew members who operate multi-engined, turbine-powered aircraft under the single-pilot authority of Section 703.86 of the CARs.

CONDITIONS

This exemption is subject to the following conditions:

  1. the aircraft was being operated under the single-pilot authority of Section 703.86 of the CARs at the time of the failure of the auto-pilot;
  2. the flight crew shall consist of two pilots who meet the qualifications of Section 703.88 of the CARs;
  3. the aircraft shall not be operated for a period longer than 90 days, following the failure of the autopilot; and
  4. a copy of this exemption as well as documentation certifying the date on which the auto‑pilot became unserviceable shall be carried on board the aircraft;

VALIDITY

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

  1. OCTOBER 31, 2009 at 11:59 EDT
  2. the date on which any of the conditions set out in this exemptions is breached; or
  3. the date on which this exemption is cancelled 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, Ontario, Canada, this 28th day of April, 2009 on behalf of the Minister of Transport, Infrastructure and Communities:

“Original signed by” dated “April 28th, 2009”

Merlin Preuss
Director General
Civil Aviation

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