EXEMPTION FROM PARAGRAPH 421.27(4)(a), CLAUSE 421.31(4)(b)(i)(C) and CLAUSE 421.31(4)(c)(i)(B) OF STANDARD 421 FLIGHT CREW PERMITS, LICENCES AND RATINGS MADE PERSUANT TO SECTIONS 401.27 AND 401.31 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 all applicants:

• for a Private Pilot Licence – Helicopter from the requirements of paragraph 421.27(4)(a);
• for a Commercial Pilot Licence – Helicopter from the requirements of clause 421.31(4)(b)(i)(C) and clause421.31(4)(c)(i)(B);

of Standard 421 Flight Crew Permits, Licenses and Ratings, made pursuant to sections 401.27 and 401.31 of the Canadian Aviation Regulations subject to the conditions of this exemption. All provisions are attached at Appendix A to this exemption.

Purpose

The purpose of this exemption is to permit applicants for a Private Pilot Licence – Helicopter and applicants for a Commercial Pilot Licence – Helicopter, to complete a maximum of five (5) hours of instrument experience requirements on:

• a Helicopter Simulator;
• a Helicopter Flight Training Device; or
• an Aeroplane Flight Training Device.

Presently, Standard 421 Flight Crew Permits, Licences and Ratings is unclear as to which type of Flight Training Device is to be used for credit towards the helicopter instrument experience requirements for either the Private or Commercial helicopter pilot licences.

Application

This exemption applies to all applicants for a Private Pilot Licence – Helicopter and for a Commercial Pilot Licence – Helicopter.

Conditions

This exemption is subject to the following condition:

Applicants for a Private or Commercial Helicopter pilot licence shall not credit more than five (5) hours toward the helicopter instrument experience requirements in an approved helicopter simulator, a helicopter flight training device or an aeroplane flight training device.

Validity

This exemption shall be in effect until the earliest of:

1. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
2.  the date on which any condition set out in this exemption 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 is likely to affect aviation safety.

Dated at Ottawa, Ontario, this 11th day of  March  2008, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Manzur Huq

Manzur Huq
Director
General Aviation

APPENDIX A

PARAGRAPH 421.27(4)(a), CLAUSE 421.31(4)(b)(i)(C) and CLAUSE 421.31(4)(c)(i)(B) OF STANDARD 421 FLIGHT CREW PERMITS, LICENCES AND RATINGS PERMITS, LICENCES AND RATINGS MADE PERSUANT TO
SECTIONS 401.27 AND 401.31 OF THE CANADIAN AVIATION REGULATIONS

421.27(4)(a) Experience

An applicant shall have completed a minimum of 45 hours private pilot flight training in helicopters under the direction and supervision of the holder of a flight instructor rating - helicopter. A maximum 5 of the 45 hours may be conducted in an approved helicopter simulator or flight-training device.

421.31(4)(b)(i)(C)

In addition to (A) and (B), 10 hours of instrument flight time, using suitable radio navigational facilities to complete elementary navigation procedures and two-way radio to comply with Air Traffic Control procedures and clearances including a minimum of 5 hours in helicopters. A maximum 5 hours of the 10 hours may be conducted on an approved helicopter simulator or flight-training device.

421.31(4)(c)(i)(B)

In addition to (A), 10 hours of dual instrument flight time, using suitable radio navigational facilities to complete elementary navigation procedures and two-way radio to comply with Air Traffic Control procedures and clearances, including a minimum of 5 hours in helicopters. A maximum of 5 hours of the 10 hours may be conducted on an approved helicopter simulator or flight-training device.

Helicopters - Privileges

401.27 The holder of a private pilot licence - helicopter may act as

1. pilot-in-command or co-pilot of a helicopter of a type in respect of which the licence is endorsed with ratings; and
2. pilot-in-command or co-pilot of any aircraft for the sole purpose of the holder's flight training or flight test where
   1. in the case of flight training,
      1. it is conducted under the direction and supervision of a flight instructor qualified in accordance with section 425.21 of the personnel licensing standards, and
      2. no passenger is carried on board, and
   2. in the case of a flight test,
      1. it is conducted in accordance with Section 401.15, and
      2. no passenger other than the person referred to in paragraph 401.15(1)(a) is carried on board.

Helicopters - Privileges

401.31(1) Subject to subsection (3), the holder of a commercial pilot licence — helicopter may, by day or night,

1. exercise the privileges of a private pilot licence - helicopter;
2. while engaged in providing a commercial air service by means of a helicopter of a type in respect of which the licence is endorsed with ratings, act as
   1. pilot-in-command of the helicopter, if the minimum flight crew document for the helicopter specifies a minimum flight crew of one pilot, or
   2. co-pilot of the helicopter; and
3. if qualified as a flight instructor in accordance with section 425.21 of the personnel licensing standards, conduct flight instruction.

(2) Where an applicant meets the requirements specified in the personnel licensing standards for a commercial pilot licence - helicopter except the night flight time requirements, the Minister shall issue to the applicant a commercial pilot licence - helicopter endorsed for daylight flying only.

(3) No holder of a commercial pilot licence - helicopter whose licence is endorsed with a daylight-flying-only restriction shall exercise the privileges set out in paragraphs (1)(a) and (b) by night.