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 Bombardier Inc., P.O. Box 6087, Station Centre-Ville, Montréal, Québec H3C 3G9, from the requirements set out in paragraph 604.02(a) and section 604.05 of the Canadian Aviation Regulations (CARs) that, where the application conditions within Subpart 604 are met, a private operator certificate be issued, and that every person operating an aircraft thereunder shall do so in compliance with the conditions and specifications in the private operator certificate; and from the requirement set out in paragraph 401.03 (1)(a) of the CARs 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 those privileges, the appropriate permit, licence or rating, subject to the following conditions.
PURPOSE
The purpose of this exemption is to allow Bombardier Inc. (hereinafter "the operator") to conduct limited, non-commercial passenger carrying operations on aircraft that have either an Experimental flight permit or a Specific purpose flight permit authorizing the carriage of passengers, and or a Certificate of Airworthiness. The operations conducted under this exemption shall be limited to the following circumstances:
- off-site experimental or development test flights, carriage of "other authorized crew" as defined herewith, no other passengers;
- ferry flights, carriage of additional "crew members", no other passengers;
- operational technical evaluation flights (defined herewith), carriage of technical evaluation pilot(s), no other passengers;
- Demonstration, market survey flights, carriage of passengers that are potential customers of production models of that specific aircraft type, no other passengers; and
- Customer acceptance flights, carriage of the new owner(s) or their representative(s), no other passengers.
This without:
- the requirement to hold a private operator certificate (ref. CAR 604); and
- for aircraft without formal Type Certificate operating under an Experimental flight permit the requirement for the pilots to have their license endorsed with the appropriate rating for the aircraft type (ref. CAR 401.03)
This exemption applies only to the Operator's Canadian-registered aircraft. Within Canada, concurrent with Transport Canada authorization letter dated 22 August 2004, issued to the operator in accordance with section 202.14 of the CAR's, aircraft allocated registration marks by Transport Canada will be considered to have met the registration requirements of the Canadian Aviation Regulations, Part II, Subpart 2, for flights listed herein.
INTERPRETATION
"Passenger" - means a person, other than a crew member, who is carried on board an aircraft. (CAR 101.01)
"Crew member" - means a person assigned to duty in an aircraft during flight time. (CAR 101.01)
"Flight time" - means the time from the moment an aircraft first moves under its own power for the purpose of taking off until the moment it comes to rest at the end of the flight. (CAR 101.01)
"Flight crew member" - means a crew member assigned to act as pilot or flight engineer of an aircraft during flight time. (CAR 101.01)
"Other authorized crew" - means a passenger carried onboard a flight test aircraft that is required to support flight test activities at off-site locations. These passengers may include Bombardier employees, partners, vendors or other personnel in direct support of flight test activities at off-site locations. (Bombardier Flight Test Standards and Procedures No. 3000, Rev. C, dated 11/26/02 (BFTC S&P 3000)).
"Operational technical evaluation flights" - Flights conducted to allow the evaluation, verification and confirmation of predicted aircraft performance, as defined in the approved Aircraft Flight Manual by a "Technical Evaluation Pilot" in which the technical evaluation pilot is occupying either the pilot's or the co-pilot's seat for all or part of the flight and where the technical evaluation pilot is other than:
- a pilot employed by the operator;
- a TC experimental test pilot; or
- an experimental test pilot employed by a foreign civil aviation authority.
The technical evaluation pilot may be a purchaser of that aircraft type, a representative of a prospective or confirmed purchaser or an accredited trade journalist.
"Non-commercial" - means any use of an aircraft which does not involves any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft (adapted from Aeronautics Act, Chapter A-2 Part 1).
"Customer acceptance flights" - means flights to allow technical evaluation, verification and confirmation of predicted aircraft performance as defined in the approved Aircraft Flight Manual for acceptance of the aircraft by the owner(s) or his/her representative(s).
CONDITIONS
This exemption is subject to the following conditions:
1. Aircraft operation
1.1 The aircraft shall be operated in compliance with the Certificate of Airworthiness issued for that aircraft or as applicable, the Experimental flight permit and or the Specific Purpose Flight Permit, which contains appropriate limitations for the carriage of passengers.
1.2 All experimental and development flights operated under this exemption shall be conducted in accordance with the Bombardier Test Standards and Procedures No. 3000, Rev C, dated 11/26/2002 (BFTC S&P 3000). Bombardier personnel indicated on page 1 of the BFTC S&P 3000 will concur with any subsequent amendments to this document and forward them to the Director General of Civil Aviation for Transport Canada approval.
1.3 All flights operated under this exemption when carrying non-commercial passengers shall
be conducted in accordance with the approved Bombardier Aerospace Operations Manual
(BAOM) Issue 1, dated June 4, 2003. Bombardier personnel indicated on page 0-2,
(Preamble) of the BAOM shall concur with any subsequent amendments to this document
and forward them to Director General of Civil Aviation for Transport Canada approval.
2. Personnel Requirements: Pilot-In-Command (PIC) and Second-In-Command (SIC)
2.1 With respect to the application section, if a type rating has been established by an operational evaluation, PIC and SIC will have completed a type-rating check and have their TC ATPL so annotated. FAA ATPL holders will have an FAA Letter of Authority.
2.2 BAOM Pilot Proficiency Checks (PPCs) requirements shall be conducted in accordance with CARS 704 Schedule I or Schedule Il.
2.3 The CL64 and CL65 PPC grouping are authorized as per the Appendix A aeroplane PPC grouping of the BAOM.
2.4 The PIC, SIC, Flight Attendants and Persons Assigned on Board Duties (PAOBD) shall comply with all approved BAOM training before being assigned to flight duty.
3. Operational Technical Evaluations Flights
3.1 The designated Pilot-in-Command and Second-in-Command will be qualified Bombardier pilots.
3.2 When a technical evaluation pilot is in one of the pilot seats, the other seat will be occupied by the Bombardier PIC or SIC. The other Bombardier PIC or SIC not at the controls will occupy the jump seat.
3.3 The technical evaluation pilot will have the following minimum qualifications:
- Valid Canadian ATPL or international equivalent,
- Valid Current Transport Canada (or international equivalent) Class 1 Medical
3.4 The intent of the technical evaluation flight(s) shall be for the sole purpose of demonstrating the qualities of the aircraft to potential buyers, their representatives or an accredited journalist.
3.5 Technical evaluation pilots will be provided a comprehensive briefing to include:
- Mission profile;
- Systems operations;
- Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
- Emergency procedures / Abnormal procedures - Immediate action items that may require action on the part of the Evaluation pilot;
- Emergency equipment location and operation;
- Emergency Egress; and
- Additional items as identified in the "safety risk assessment process" (S&P 3000, para. 8.5.5)
3.6 Bombardier Inc. is permitted to transport up to a maximum of 3 persons (technical evaluation pilots) in order to conduct an operational technical evaluation flight.
3.7 All operational technical evaluation flights will be conducted by day only.
3.8 No passengers or other authorized crew are permitted on Technical Evaluation flights.
4. Customer Acceptance Flights
4.1 The Designated Pilot-in-Command and Second-in-Command will be qualified Bombardier pilots.
4.2 When a Customer acceptance pilot is in one of the pilot seats, the other seat will be occupied by the Bombardier PIC or SIC. The other Bombardier PIC or SIC not at the controls will occupy the jump seat.
4.3 The Customer Acceptance pilot will have the following minimum qualifications:
- Valid Canadian ATPL or international equivalent,
- Valid Current Transport Canada (or international equivalent) Class 1 Medical
4.5 The intent of the customer acceptance flight(s) shall be for the sole purpose of the acceptance of the aircraft by new owner(s)or their representative(s).
4.6 Customer Acceptance pilots will be provided a comprehensive briefing to include:
- Mission profile;
- Systems operations;
- Aircraft operating limitations, Flight permit limitations and Restriction and Special Instructions (RSI) relevant to flight;
- Emergency procedures / Abnormal procedures - Immediate action items that may require action on the part of the Evaluation pilot;
- Emergency equipment location and operation;
- Emergency Egress; and
- Additional items as identified in the "safety risk assessment process" (S&P 3000, para. 8.5.5)
5. Ferry Flights
5.1 The operator shall ensure that no passengers other than the operator's crew member are carried on board between different points when the aircraft is required to be ferried to a site. Only the operator employees that are essential to the mission and permitted under the Specific Purpose Flight Permit may be carried on board when the aircraft is required to be ferried between sites.
5.2 These flights will be equipped with safety/survival equipment as applicable in accordance with CAR 602.61 through 602.63.
6. Non Commercial Passenger Carrying for Demonstration, Market Survey Flights
6.1 When applicable, the operator shall ensure that the passengers are informed by the pilotin-command, prior to take-off, of the experimental nature of the aircraft subject to this exemption, and that the aeroplane is being operated without a certificate of airworthiness. A placard indicating this condition shall be placed adjacent to, or near the main entrance door.
6.2 The operator shall ensure that the passengers are given a safety briefing in accordance with the BAOM.
6.3 The operator shall make available to each passenger a safety features card that meets the requirements set out in Annex A of this exemption.
7. Personnel Requirements: Flight Attendants
7.1 The operator shall ensure that qualified Bombardier Flight Attendant(s) or person Assigned Onboard Duties are carried on board as per the BAOM.
8. Operational Requirements
8.1 The operator shall ensure that the pilot-in-command, as designated in the Operational Flight Data Sheet referred to in the BAOM complies with the conditions for Flight Authorization/Control/Release and for Flight Watch/Following and Communications.
8.2 The operator shall ensure that prior approval is obtained from the applicable authority, in the circumstance where flight is planned in special use airspace or airspace requiring specific navigational system authorizations such as but not limited to NAT MNPS, RVSM, BRNAV, or RNP 10.
9. Equipment
9.1 The operator shall ensure that survival equipment is carried on board the aircraft, as per the BAOM.
9.2 The operator shall ensure that hand-held fire extinguisher(s) is carried on board the aircraft, as per the BAOM.
9.3 The operator shall ensure that protective breathing equipment is carried on board the aircraft as per the BAOM.
10. General
10.1 The Director of Flight Operations or his/her delegate shall ensure that all personnel comply with all Operational requirements of the Bombardier Inc. Bombardier Aerospace Operations Manual and conditions of the Specific Purpose Flight Permit and Restriction and Special Instructions (RSI) applicable to the aircraft are satisfied.
10.2 A copy of this exemption shall form part of the pilot licensing documents carried by each person subject to this exemption.
10.3 A copy of this exemption shall be carried on board the aircraft.
10.4 When flights are conducted outside of the Canadian Airspace, the operator shall obtain authorization to operate under this exemption from the Civil Aviation Authority of the applicable State.
10.5 The operator shall comply with all other parts of the CARS and the BAOM and conduct the operation safely.
VALIDITY
11.1 This exemption replaces exemption for non-commercial carrying of passengers issued August 22, 2003 and is in effect until the earliest of:
- 23:59 (EST) on October 21, 2004;
- the date on which any condition set out in this exemption is breached;
- the date on which an amendment to appropriate provisions of the Canadian Aviation Regulations comes into effect; or
- 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 Dorval, Québec this 22nd day of August 2004, on behalf of the Minister of Transport.
Yves Gosselin
Regional Director
Civil Aviation, Québec Region
- Date de modification :