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 persons who apply for a special certificate of airworthiness in the amateur-built classification (hereinafter referred to as “the applicant”) for the Aircraft Resources Canada Epic LT and the Epic Elite aircraft from the requirements of paragraphs 549.103(b) and 549.105(b) - of the Airworthiness Manual - Amateur-built Aircraft, pursuant to subparagraph 549.01(a)(ii) and paragraph 507.03(b) of the Canadian Aviation Regulations (CARs), subject to the requirements set out in this exemption.
The requirements of paragraphs 549.103(b) and549.105(b) - of the Airworthiness Manual - Amateur-built Aircraft, pursuant to subparagraph 549.01(a)(ii) and paragraph 507.03(b) of the CARs are detailed in Appendix A to this exemption.
Purpose
The purpose of this exemption is to permit persons who apply for a special certificate of airworthiness in the amateur-built classification using Aircraft Resources Canada (ARC) facilities and resources to exceed some of the requirements of the design standard as specified in Airworthiness Manual Chapter 549 by:
- Exceeding the permissible take-off mass of 1800 Kg. (3968 lbs) and;
- Exceeding the allowable maximum seating of 3 seats other than the pilot’s seat.
Application
This exemption applies to persons who apply for a special certificate of airworthiness for the Aircraft Resources Canada Epic LT and Epic Elite aircraft in the amateur-built classification using Aircraft Resources Canada facilities and resources (hereinafter referred to as “the applicant”).
This exemption shall be used in conjunction with the exemption from Section 549.01 of the Canadian Aviation Regulations dated August 31, 2006 which allows for professional assistance in the construction or assembly of parts of the aircraft provided the work is subject to the builder’s overall control and also allows for the importation and operation of foreign built aircraft to Canada.
Conditions
This exemption is subject to the following conditions:
(1) The applicant shall construct the aircraft using a detailed procedure acceptable to Transport Canada and the facilities, tools, and equipment provided by Aircraft Resources Canada (ARC) only;
(2) The applicant shall provide and distribute on board passenger briefing cards that explain the aircraft’s certification basis and provide a verbal briefing to any passengers explaining the meaning of the briefing card;
(3) The applicant shall meet all the maintenance requirements required for type certified aircraft in CAR 571. These requirements are stipulated in Appendix C to this exemption;
(4) The applicant shall comply with the maintenance manual provided by ARC or other methods acceptable to the minister;
(5) The applicant shall operate this aircraft in accordance with the flight manual/ Pilot Operating Handbook (POH) that is supplied by ARC;
(6) The applicant shall operate the aircraft under the same regulations as a type certified aircraft;
(7) The applicant shall not fly into known or forecast icing conditions, this shall be stated in the POH;
(8) The applicant shall not authorize any modification that has other than a negligible effect on the weight and centre-of-gravity limits, structural strength, performance, power plant operation, flight characteristics or other qualities affecting its airworthiness or environmental characteristics unless approved by ARC;
(9) The applicant shall comply with any Airworthiness Directive issued by Transport Canada and any Airworthiness Limitation(s) applicable to component(s) of this aircraft;
(10) The applicant shall comply with all requirements stated in Appendix B attached to this exemption;
(11) The applicant shall comply with all requirements stated in Appendix C, amended requirements to CAR 571, attached to this exemption.
(12) The applicant shall transmit to ARC all service difficulties experienced in the aircraft and ARC shall establish a system to receive, review and analyse any service difficulties and to take appropriate action;
(13) Following final assembly of the aircraft, it shall be test flown under an experimental flight permit for a minimum of 25 hours and following acceptance, a special Certificate of Airworthiness (C of A) – Amateur Built will be issued.
Validity
This exemption is in effect until the earliest of the following:
(a) March 5, 2008 at 23:59 EST;
(b) the date on which any of the conditions set out in this exemption is breached; or
(c) 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 at Ottawa, Ontario, Canada this 19th day of September, 2006 on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by
Merlin Preuss
Director General
Civil Aviation
Appendix A
Regulatory requirements
Paragraph 507.03(1)(c) of the Standard on Flight Authority and Certificate of Noise Compliance states in part that a special certificate of airworthiness is issued for an aircraft that does not meet all the requirements for a certificate of airworthiness, in the classification of Amateur-built.
Paragraph 507.03(b) of the Canadian Aviation Regulationsstates that where an applicant for a flight authority is made pursuant to section 507.06, the Minister shall issue a special certificate of airworthiness in respect of an amateur-built aircraft that is designed and constructed in a way that ensures its airworthiness in conformity with the requirements of Chapter 549 of the Airworthiness Manual.
Subparagraph 549.01(a)(ii) of the Canadian Aviation Regulations- Amateur Built Aircraft states in part that:
A person who intends to construct an aircraft and obtain, under paragraph 507.03(b), a special certificate of airworthiness in the amateur-built category in respect of the aircraft must, before starting construction, show that the aircraft design meets the standards specified in Chapter 549 of the Airworthiness Manual.
Paragraph 549.103(b) of the Airworthiness Manual - Amateur-built Aircraft stipulates that, for aeroplanes, the maximum permissible take-off mass M shall not exceed 1,800 Kg (weight W=3,968 lb). For multi-wing aircraft, Canard types included, the area referred to in 549.103 (a)(1)(ii), may be used to determine the maximum permissible mass for each wing and the results will be added to determine the aircraft maximum permissible take-off mass.
Paragraph 549.105(b) of the Airworthiness Manual - Amateur-built Aircraft stipulates that, for Aeroplanes, all seats, other than the pilot's seat defined in (a), will be designated as passenger seats and the maximum number will be as stated in section 549.107, but in any case shall not exceed three seats.
Appendix B
Standards of Design and Construction for Amateur-Built Aircraft
PART I - Procedures
Interpretation
(1) In this appendix:
“amateur-built aircraft” means an aircraft, the major portion of which is constructed or assembled individually as a unique project, either from raw materials or from a kit;
“major portion” means more than 50% of the total number of items assembled during the project;
“builder” means the individual or group of individuals who constructs or assembles an amateur-built aircraft, or who oversees the construction by other persons, of an amateur-built aircraft.
Information note:
In this appendix, measurements and formulae are presented in SI (metric) units, with the equivalent imperial data in parenthesis.
Inspection requirements
(2) A person who intends to construct an amateur-built aircraft shall, before starting construction:
a) inform the Minister of the intention to construct the aircraft;
b) identify himself or herself as the builder of the aircraft;
c) show that the aircraft design meets the requirements of this standard; and
d) confirm that the major portion of the aircraft will be constructed individually, as a unique project.
(3) Prior to issuance of a flight authority, an amateur-built aircraft shall be inspected in accordance with a schedule acceptable to the Minister:
a) for workmanship and general serviceability;
b) to detect apparent and obvious unsafe features; and
c) to provide reasonable confidence of safe operation.
(4) The builder of an amateur-built aircraft shall make the aircraft available to the Minister for inspection:
a) during construction, for inspection of enclosed areas that will not be accessible after final assembly; and
b) when the aircraft is fully assembled and equipped, but before the first flight, at the site of the planned test flight.
Information note:
Prefabricated parts that were fully enclosed by the parts (kit) manufacturer at the time of delivery, need not be subject to the internal inspection required by (4)(a).
(5) Except as provided in (6) or (7) an amateur-built aircraft must be assembled in Canada.
Construction outside of Canada
(6) A Special Certificate of Airworthiness — Amateur-built may be issued in respect of an amateur-built aircraft constructed outside Canada where:
a) the builder is a Canadian citizen living abroad and intending to resume permanent residence in Canada, who provides advanced notice of the intention to construct the aircraft outside Canada;
b) the builder makes arrangements to have the aircraft inspected during construction, and after final assembly, by:
(i) an employee (aviation safety inspector, airworthiness inspector) of the foreign civil aviation authority (FCAA) of the State in which the amateur-built aircraft is being constructed, who is authorized by the FCAA to conduct inspections of amateur-built aircraft;
(ii) a representative of the FCAA of the State in which the amateur-built aircraft is being constructed, who has been delegated authority by the FCAA to conduct inspections of amateur-built aircraft, and is authorized by the FCAA to conduct inspections of amateur-built aircraft;
(iii) a representative of a recreational aviation organization of the State in which the amateur-built aircraft is being constructed, the organization having been delegated authority by the FCAA to conduct inspections of amateur-built aircraft; or
(iv) any other person acceptable to the Minister.
c) the builder shows that the aircraft design meets the requirements of these standards.
Information notes:
(i) The Director, Aircraft Maintenance and Manufacturing, or a person designated by the Director, will make an official request, on behalf of the builder, for inspection of the amateur-built aircraft, and will provide the necessary inspection and observation reports forms to the person who will perform the inspection.
(ii) All documents pertaining to inspections shall be returned to the office of the Director, Aircraft Maintenance and Manufacturing, or the person designated by the Director, upon completion of each inspection.
(7) A Special C of A — Amateur-built may be issued in respect of an amateur-built aircraft constructed outside Canada, where:
a) the aircraft was constructed in accordance with standards of the State of construction, and the Minister finds them to be equivalent to these standards;
b) the aircraft was issued a permanent flight authority pursuant to the regulations of the State of construction, and has subsequently completed not less than 100 hours air time; and
c) the aircraft undergoes a complete inspection for compliance with these standards, by a Civil Aviation Safety Inspector or a Minister’s Delegate - Recreational Aviation (MD-RA).
PART II - Construction Standards
General
(8) The builder shall be responsible for ensuring that the materials and methods of construction of the aircraft are adequate for the purpose.
(9) The methods of construction and assembly, and the workmanship employed, shall be appropriate to the aircraft design and shall conform to accepted aviation standard practices.
(10) Materials shall be appropriate to the aircraft design and should conform to aviation quality specifications.
(11) The builder shall personally construct or assemble, or personally oversee the construction or assembly, of the major portion of the aircraft.
(12) The aircraft shall be constructed as a unique and individual project.
(13) The aircraft shall not be constructed under a mass production system.
Information note:
For the purpose of compliance with these standards, "mass production" means the simultaneous construction, by the same builder, of more than one amateur-built aeroplane, glider, rotorcraft, manned free balloon or airship, of the same type and model.
(14) Mass produced parts such as engine(s), propeller(s), rotor blades and precision hub components, accessories, wheels and brakes, standard aircraft hardware, heat treated or welded assemblies and components from other aircraft may be used, provided the major portion of the entire assembly is constructed or assembled individually.
(15) The builder may contract for professional assistance in the construction or assembly of parts of the aircraft, provided the work is subject to the builder’s overall control.
Information note:
Any materials may be used in the construction of an amateur-built aircraft, provided they are adequate for the purpose. It is recommended that established aircraft quality material and components be used, especially in fabricating primary structure parts, such as wing spars, critical attachment fittings, and fuselage structural members. Non-aircraft materials, or materials whose identity cannot be established, should only be used after careful evaluation by the builder.
PART III - Design Standards
General
(16) All amateur-built aircraft shall comply with the design standards of this Part, in addition to the standards contained in Part IV, V or VI of this appendix, as appropriate.
(17) Every amateur-built aircraft is unique, whether it is an individual design, constructed from plans, or assembled from a kit.
(18) The builder is responsible for evaluating and accepting the original aircraft design, and any changes incorporated into the design during construction, to ensure that they are adequate, appropriate, and in conformity with these standards.
(19) The inspections of the aircraft during construction and before first flight do not constitute, and are not to be construed as, evaluations or acceptance of the aircraft design.
Powerplant
(20) The builder is responsible for evaluating and accepting the powerplant chosen to ensure that it is adequate and appropriate to the overall design.
(21) The powerplant may employ propeller, fan, or reaction jet propulsion, but not solid or liquid fuelled rockets.
(22) Propeller driven aircraft may incorporate conventional 2 or 4 cycle piston engines, rotary (e.g., Wankel) engines, gas turbines, or other internal combustion engines.
(23) Jet propelled aircraft may incorporate turbojet or turbofan engines.
(24) Each enclosed engine compartment shall be isolated from the remainder of the aircraft by a firewall, which shall be made of fireproof material.
(25) Engines equipped with carburettors shall have means to minimise the likelihood of carburettor icing, unless this can be shown to be unnecessary, either by actual test or by documentation from the kit manufacturer, engine manufacturer or aircraft designer.
Information notes:
(i) Builders are urged to be particularly aware of the risks associated with used engines, propellers and accessories whose history cannot be verified or that may have been involved in accidents or have undergone unapproved repairs or modifications.
(ii) Amateur-built aircraft are not required to comply with the noise standards of Chapter 516 of the Airworthiness Manual. However, builders are reminded that aircraft noise is a sensitive environmental issue, and every effort should be made to reduce noise emissions.
Equipment and Instruments
(26) Unless otherwise indicated in an applicable part of this appendix, amateur-built aircraft shall have the following minimum equipment and instruments:
a) a safety belt for each seat, including shoulder harness for each pilot seat and each front seat adjacent to a pilot seat, securely anchored so that the loads are transmitted to the primary structure;
Information note:
builders are cautioned against the use of automotive-type safety belts; it may not be possible to release some kinds of automotive belts if the aircraft is inverted.
b) a portable fire extinguisher;
c) an airspeed indicator;
d) an altimeter;
e) a magnetic compass;
f) a tachometer for each engine;
g) an oil pressure indicator for each engine that uses a pressure lubricating system;
h) a temperature indicator for each engine (displaying the temperature of the cylinder heads, lubricating oil, coolant or exhaust gas, as applicable to the type of engine);
i) a fuel quantity indicating system for each main fuel tank;
j) a gascolator located at the lowest point in the fuel system; and
k) a manifold pressure indicator for each supercharged engine, and for each engine equipped with a variable pitch propeller.
Placards
(27) Unless otherwise required in the applicable section, each amateur-built aircraft shall display the following placards:
a) one containing the following statement readily legible from each passenger station, or displayed on the side of the fuselage:
YOU FLY IN THIS AIRCRAFT AT YOUR OWN RISK.
THIS AIRCRAFT DOES NOT COMPLY WITH INTERNATIONALLY
RECOGNIZED STANDARDS.
VOUS VOLEZ À BORD DE CET AÉRONEF À VOS PROPRES RISQUES.
CET AÉRONEF N’EST PAS CONFORME AUX
NORMES RECONNUES À L’ÉCHELLE INTERNATIONALE.
b) if the placard required by 27(a) is displayed on the side of the fuselage, it shall be in a position that is readily legible to persons entering the aircraft, in letters at least 10 mm (3/8 in.) high and of a color contrasting with the background;
c) in any area of an aircraft designated for the carriage of passengers, other than an area beside the pilot, a placard showing the maximum permissible load for that compartment or area:
MAXIMUM PASSENGER AND/OR BAGGAGE LOAD: ..............KG (LB)
or
CHARGE MAXIMALE, PASSAGERS/BAGAGES: .............KG (LB)
Information note:
The load values to be used on this placard shall be obtained from the aircraft weight and balance report.
(28) In accordance with the requirements of CAR 201.01, a fireproof plate that identifies the aircraft shall be attached to a non-removable part of the structure in a prominent location. The plate shall include the following information:
a) the name of the builder;
b) the aircraft model designation;
c) the aircraft serial number.
PART IV - Design Standards - Fixed‑Wing Aircraft
General
(29) This part contains design standards additional to those outlined in Part III, which are applicable to:
a) aeroplanes;
Seats
(30) For the purpose of determining the maximum empty mass, only one aircraft seat shall be designated as a pilot's seat.
(31) All seats other than the pilot's seat, shall be designated as passenger seats.
(32) In the case of aeroplanes, the number of passenger seats shall not exceed three.
Maximum Empty Mass
(33) To ensure that an adequate minimum useful load, including fuel, can be carried within the maximum permissible take‑off mass authorised for the aircraft, the maximum empty mass (weight) MEmax (WEmax) of an aeroplane:
where:
MTOmax (WTOmax) = maximum permissible take‑off mass (weight) selected by the application in kg (lb);
a = the number of passenger seats; and
P = the rated power of all engine(s) in kW (BHP).
Minimum Rated Engine Power
(34) The minimum permissible rated engine power of propeller driven aeroplanes shall be determined by the following equation:
where
Pmin = total rated power of all engines in kW (BHP);
b = wing span in metres (ft);
M(W) = declared maximum TO mass (weight) in kg (lb);
C = 0.01339 ( 0.018 where foot, pound, second units are used) for monoplanes (including tandem and canard wings).
(35) The minimum permissible rated engine power of jet propelled aeroplanes shall be determined by the builder, who shall ensure that the engine power is adequate and appropriate for the aircraft design.
Rate of Climb
(36) In standard sea‑level atmospheric conditions at the maximum approved weight, the aircraft shall demonstrate the following climb performance:
a) aeroplanes: 360 m (1180 ft) in 3 minutes.
Information note:
Tests conducted in other than standard sea‑level atmospheric conditions shall be corrected for the difference in atmospheric conditions by means acceptable to the Minister.
(37) The maximum permissible take-off mass M shall not exceed 1,800 Kg (weight W=3,968 lb). For multi-wing aircraft, Canard types included, the area referred to in 549.103 (a)(1)(ii), may be used to determine the maximum permissible mass for each wing and the results will be added to determine the aircraft maximum permissible take-off mass.
Wing Loading
(37) Wing loading is given by the equation:
where:
M (W) = the maximum permissible take-off mass (weight); and
S = the total wing area.
Information note:
The total wing area is taken as the total planform area of all wings (including canard wings) that provide positive lift in the landing configuration (obtained by extending the wing leading and trailing edges through nacelles and fuselage to the aircraft centre line) and includes the areas of ailerons, wing strakes, and flaps in the retracted position.
(38) Amateur-built aeroplanes without flaps, having a wing-loading exceeding 65 kg/m2 (13.3 lb/ft2), or with flaps, having a wing loading exceeding 100 kg/m2 (20.4 lb/ft2), are classified as high performance aeroplanes.
Information note:
CAR 401 requires pilots of high performance aeroplanes to hold a licence with a rating for the specific aircraft type. Pilots should consult STD 421 for the applicable type ratings standards.
Placards
(39) In addition to the placards specified in section 27 of Part III, the following placards shall be displayed in the cockpit or cabin in full view of the pilot:
a) where the aircraft flight authority contains the restriction "aerobatic manoeuvres prohibited:"
AEROBATIC MANOEUVRES PROHIBITED
or
ACROBATIES AÉRIENNES INTERDITES
b) where the aircraft flight authority does not contain the restriction "aerobatic manoeuvres prohibited:"
THE FOLLOWING AEROBATIC MANOEUVRES
AND COMBINATIONS THEREOF,
MAY BE PERFORMED IN THIS AIRCRAFT:
1 - ..................................................
2 - ..................................................
3 - ..................................................
or
LES MANOEUVRES D’ACROBATIES AERIENNES SUIVANTES
ET TOUTE COMBINAISON DE CELLES-CI PEUVENT ÊTRE
EXÉCUTÉES AU MOYEN DE CET AERONEF:
1 - ...................................................
2 - ...................................................
3 - ....................................................
c) for high performance aeroplanes:
THIS AEROPLANE IS A HIGH PERFORMANCE AEROPLANE.
OPERATION REQUIRES A TYPE RATED PILOT LICENCE.
or
CET AVION EST UN AVION À HAUTES PERFORMANCES.
SON UTILISATION REQUIERT UNE LICENCE DE PILOTE
COMPORTANT UNE QUALIFICATION DE TYPE.
Appendix C
Pursuant to condition (3) and (11) of the exemption, this appendix lists the maintenance requirements in addition to those stipulated in CAR 571 that the applicant shall comply with for the Epic line of aircraft.
571.02(3)
persons who perform NDT inspection on amateur built aircraft per this exemption shall meet the qualifications as set out in Schedule I of CAR Part 5 Subpart 71.
571.04
Specialized maintenance performed on the Aircraft Resources Canada Epic LT and Epic Elite aircraft in the amateur built aircraft category, as set out in Schedule II of CAR 571.04 shall be performed in accordance with a maintenance policy manual (MPM) established by the holder of an approved maintenance organization (AMO) certificate with a rating of a category appropriate to the work to be performed; or
a foreign document equivalent to an MPM established by a maintenance organization approved under the laws of a state that is party to an agreement with Canada and the agreement provides for recognition of the work to be performed.
571.07 (1)
New parts may be installed only if they meet the standards of airworthiness and the certification requirements applicable to the installation of new parts as set forth in Chapter 561 of the Airworthiness Manual.
571.08 (1)
Used parts installed shall meet the standards of airworthiness applicable to the installation of used parts as set forth in Chapter 571 of the Airworthiness Manual and
(a) is an airworthy part that has been removed from an aircraft for immediate installation on another aircraft;
(b) is an airworthy part that has undergone maintenance for which a maintenance release has been signed pursuant to paragraph 571.11(2)(c); or
(c) has been inspected and tested to ensure that the part conforms to its type design and is in a safe condition, and a maintenance release has been signed to that effect.
571.11 (1)
No person other than the holder of an AME licence and or Restricted Certifying Authority (RCA) under CAR Part IV, specifying a rating appropriate to the aeronautical product being maintained, shall sign a maintenance release for the Epic LT and Epic Elite aircraft or in the case of maintenance performed outside Canada the person is authorized to sign under the laws of a state that is party to an agreement or a technical arrangement with Canada and the agreement or technical arrangement provides for such certification, or if no agreement or technical arrangement provides for such certification, the person holds qualifications that the Minister determines to be equivalent to those of a person who holds an AME licence.