EXEMPTION FROM PARAGRAPH 705.124(1)(b) OF THE CANADIAN AVIATION REGULATIONS AND SUBPARAGRAPH, 725.124(33)(e)(ii) OF THE COMMERCIAL AIR SERVICES STANDARDS

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 Skyservice Airlines Inc., 31 Fasken Drive, Etobicoke, Ontario, M9W 1K6, and the training pilots employed by Skyservice, operating under Part VII of the Canadian Aviation Regulations (CARs) from subparagraph 725.124(33)(e)(ii) of the Commercial Air Services Standards (CASS) made pursuant to paragraph 705.124(1)(b) of the CARs, subject to the conditions of this exemption.

The requirements of paragraph 705.124(1)(b) of the CARs and subparagraph 725.124(33)(e)(ii) of the CASS are detailed in Appendix A to this exemption.

PURPOSE

The purpose of this exemption is to permit the training pilots working for hire or reward for Skyservice Airlines Inc. to be exempted from the requirement to occupy the left or right crew seat while conducting the transition line indoctrination training on Skyservice Airlines Inc. A319/A320 and B757/B767 aircraft. Currently, training pilots are required to perform their duties in their respective position during transition line indoctrination. They may only occupy the jump seat where the transitioning pilot has completed at least 2 sectors as pilot flying and has satisfactorily demonstrated to them that he or she is qualified to perform the duties of the position.

APPLICATION

This exemption applies to Skyservice Airlines Inc. and to their training pilots while employed by Skyservice Airlines Inc., for the purpose of conducting the line indoctrination training program on the Airbus A319/A320 and the Boeing B757/B767 aircraft while occupying the jump seat.

CONDITIONS

This exemption is subject to the following conditions:

  1. The pilots undergoing transition line indoctrination training shall:
    1. meet the qualifications as detailed in CAR 705.106;
    2. be those pilots hired under contract from My Travel or First Choice Airways;
    3. meet the experience requirements as detailed in the Skyservice Airlines Inc. Flight Crew Training Manual, Appendix C, paragraph III;
    4. be current on type; and
    5. be trained in the position for which they were qualified while employed by My Travel or First Choice Airways; and
  2. A copy of this exemption shall be placed and remain on the training file of each training pilot prior to the commencement of the first training flight at Skyservice Airlines Inc.

VALIDITY

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

  1. April 01, 2007 at 23:59 EST;
  2. The date on which all training has been completed;
  3. The date on which any of the conditions set out in this exemption is breached; 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 adversely affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 10th day of November 2006 on behalf of the Minister of Transport, Infrastructure and Communities.

OSB – Brian Whitehead

Don Sherritt
Director,
Commercial and Business Aviation

 

APPENDIX A

CAR 705.124(1) Every air operator shall establish and maintain a training program that is

  1. approved by the Minister in accordance with the Commercial Air Service Standards and, in respect of flight attendants, in accordance with the Commercial Air Service Standards and the Flight Attendant Training Standard.

CASS 725.124
(33)(e) Transition Line Indoctrination - Requirements

  1. during transition line indoctrination, the pilot-in-command and second-in-command shall perform their duties in their respective position. Where the transitioning pilot has completed at least 2 sectors as pilot flying and has satisfactorily demonstrated to the training pilot that he or she is qualified to perform the duties of the position, the training pilot may occupy the jump seat;

 

ASSESSMENT PAPER

Exemption Request for the “Transition Line Indoctrination – Requirements” for Skyservice Airlines Inc. initial cadre of training pilots.

EXEMPTION FROM PARAGRAPH 705.124(1)(b) OF THE CANADIAN AVIATION REGULATIONS (CARs) AND SUBPARAGRAPH 725.124(33)(e)(ii) OF THE COMMERCIAL AIR SERVICES STANDARDS (CASS)

Background

Skyservice Airlines Inc. has submitted a program for the hire of United Kingdom foreign pilots to conduct operations on the Airbus, A319/A320 and the Boeing B757/B767, as listed on their Air Operator Certificate (AOC).  The foreign pilots to be hired are all type qualified and current on their respective aircraft.  To qualify the pilots for line flying operations with Skyservice Airlines Inc., they require a line indoctrination program to be conducted by Skyservice Airlines Inc. training pilots.  The training pilots meet all the requirements of Commercial Air Services Standards (CASS)725.124(4)(c). 

The foreign pilots all have extensive experience on the A319/A320 and B757/B767 with either MyTravel or First Choice Airlines, flying from essentially the same environment and destinations that Skyservice will use.  The Standard Operating Procedures (SOP)  used by Skyservice are very similar to the MyTravel and First Choice Airlines SOP’s.  The foreign pilots will have completed the approved Skyservice recurrent simulator training program and will have passed a PPC using the Skyservice procedures prior to commencing the transition line indoctrination.

Accordingly, Skyservice Airlines Inc. is requesting an exemption from subparagraph 725.124(33)(e)(ii) of the CASS made pursuant to paragraph 705.124(1)(b) of the CARs.  Each of the foreign pilots will receive a line check from Transport Canada or a Skyservice Airlines Inc. Company Check Pilot upon completion of the transition line indoctrination.

Public Interest

Airlines are a significant transportation resource for Canada.  Their operations should not be unnecessarily constrained.  Skyservice Airlines Inc. has been operating under an Extended Charter Agreement with MyTravel and First Choice Airlines(formerly Air 2000) since 1989. This agreement allows for Canadian flight crews and aircraft to be operated in the United Kingdom for the summer season with reciprocating privileges for the United Kingdom flight crews to be employed in Canada for the winter season. Because of the seasonal nature of  Skyservice’s charter operations, winter being the peak season for southern vacationing in Canada and summer being the peak season for the United Kingdom operation, this agreement allows for the flight crews to be employed on a year round basis. Without this agreement the pilot group involved would find themselves unemployed in the off season.

The public interest is served by the fact that Canadian pilots are employed year round which leads to continued proficiency on the aircraft type. This continued proficiency makes for a safer operation with experienced flight crews in their assigned duties.

Equivalent Level of Aviation Safety

Transport Canada, Commercial and Business Aviation is satisfied that the training conducted by Skyservice Airlines on the foreign pilots from MyTravel and First Choice Airways is of a high quality.  The pilots being trained under this exemption have an acceptable level of experience on their respective aircraft and are familiar with Skyservice environment, destinations and procedures.

Justification to Grant

The foreign pilots will operate the same type of aircraft in essentially the same type of environment and route structure as they did with their foreign company.  The benefit of line indoctrination training from the jump seat in this case lies in training the company specific differences between MyTravel/First Choice Airways and Skyservice Airlines and the ability to assess a complete crew performing their duties from their respective seats.  The training pilots being exempted are very familiar with those differences.

This is a recurring exemption due to a reciprocal agreement between Skyservice Airlines with MyTravel and First Choice Airways where Skyservice Airlines employs qualified pilots from the United Kingdom (UK) during the winter season.

In recognition of the need not to constrain the operator unnecessarily, an exemption to the Canadian Aviation Regulations and the Commercial Air Services Standards mentioned above is required.

Conditions

This exemption shall be subject to the following conditions:

  1. The pilots undergoing line indoctrination training shall meet the qualifications as detailed in CAR 705.106;
  2. The pilots undergoing line indoctrination training shall be those hired under contract from My Travel or First Choice Airways;
  3. The pilots undergoing line indoctrination training shall be current on type and be trained in the position for which they were qualified while employed by either My Travel or First Choice airways; and
  4. A copy of this exemption shall be placed and remain on the training file of each training pilot used prior to the commencement of the first training flight at Skyservice Airlines Inc.
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