EXEMPTION FROM PARAGRAPH 602.07(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 Canadian air operators operating Transport Category helicopters certificated under Subpart 529 of the Canadian Aviation Regulations (CARs) to operate at gross weights exceeding 20,000 pounds carrying between 10 and 19 passengers from paragraph 602.07(a) of the CARs, subject to the following conditions. 

This paragraph states, in part: “… No person shall operate an aircraft unless it is operated in accordance with the operating limitations (a) set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;” The full text appears at Annex A to this exemption.

PURPOSE

The purpose of this exemption is to permit Canadian air operators to operate Transport Category helicopters certificated under Subpart 529 of the CARs, to operate at gross weights exceeding 20,000 pounds, carrying between 10 and 19 passengers, at weights that may exceed the Category A weights, described in the Approved Rotorcraft Flight Manual but not exceeding the maximum certificated gross weight, and to make momentary excursions into the shaded area of the Height Velocity diagram, also described in the Approved Rotorcraft Flight Manual, during take-off and landing.

APPLICATION

This exemption applies to all Canadian air operators operating Transport Category helicopters certificated under Subpart 529 of the CARs to operate at gross weights exceeding 20,000 pounds carrying between 10 and 19 passengers.

CONDITIONS

This exemption is subject to the following conditions:

1. The pilot-in-command shall make such momentary flight, as is necessary for take‑off or landing, through the avoid area of the limiting height-velocity envelope established for the helicopter if:
   1. The flight through the avoid area takes place during arrival or departure from a heliport constructed over water;
   2. The helicopter is operated in a manner consistent with performance data, provided by the manufacturer, in order to minimize the exposure to a forced landing due to the failure of a critical engine;
   3. The helicopter is certified for ditching; and
   4. If the manufacturer’s data indicates that the failure of a critical engine would result in a ditching, the sea state shall not exceed the conditions under which the aircraft was certified for ditching.
2. The pilot-in-command shall ensure that the gross weight of the helicopter at take-off shall not exceed the maximum gross weight specified in the Approved Rotorcraft Flight Manual for a rate of climb of 150 ft/min, at 1000 feet above the take-off surface, with the critical one engine inoperative (OEI) and the remaining engine operating at 30 minutes or maximum continuous OEI power, for the specific take-off altitude and temperature.

VALIDITY

This exemption is valid commencing May 30, 2008; 23:59 EDT until the earliest of the following:

1. November 30, 2009; 23:59 EST; 
2. The date on which an amendment to the appropriate provisions of the CARs comes into effect;
3. The date on which any of the conditions set out in this exemption are 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 affect aviation safety.

Dated atOttawa, Ontario, Canada this 28th day of May, 2008 on behalf of the Minister of Transport, Infrastructure and Communities.

OSB M. R Preuss on May 28, 2008

M.R. Preuss
Director General
Civil Aviation

Annex A

Aircraft Operating Limitations

602.07 No person shall operate an aircraft unless it is operated in accordance with the operating limitations

1. set out in the aircraft flight manual, where an aircraft flight manual is required by the applicable standards of airworthiness;
2. set out in a document other than the aircraft flight manual, where use of that document is authorized pursuant to Part VII;
3. indicated by markings or placards required pursuant to section 605.05; or
4. prescribed by the competent authority of the state of registry of the aircraft.

Date de modification :

2008-07-2