EXEMPTION FROM PARAGRAPH 705.80(5)(b) 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 and flight crew members conducting operations with aeroplanes certified with a minimum flight crew of more than two, from the requirements of paragraph 705.80(5)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions of this exemption.

Paragraph 705.80(5)(b) of the CARs states that no person shall operate an aeroplane that is required by subsection (1) to be equipped with a door unless the locking device required by subsection (2) and any other system used to control access to the flight deck can be operated from each flight crew member position.

PURPOSE

The purpose of this exemption is to allow Canadian air operators and flight crew members to conduct operations with aeroplanes certified with a minimum flight crew of more than two without having a locking device that can be operated from each flight crew member position.

APPLICATION

This exemption applies to Canadian air operators and flight crew members conducting operations with aeroplanes certified with a minimum flight crew of more than two.

CONDITIONS

This exemption is subject to the following conditions:

1. A copy of this exemption shall be carried onboard each aeroplane at all times;
2.  The air operator shall ensure that the locking device referred to in subsection 705.80(2) of the CARs and any other system used to control access to the flight deck can be operated from at least one flight crew member position;
3. The air operator shall establish procedures in its company operations manual to ensure that there is a minimum of two flight crew members on the flight deck during flight;
4. For aircraft used for the transportation of passengers where the flight deck door locking mechanism can only be operated from the flight engineer’s position, the air operator’s procedures shall require that another crew member occupy the jump seat when the flight engineer leaves the flight deck; and
5. The air operator shall comply with all other parts of subsection 705.80(5) of the CARs.

VALIDITY

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

1. The date on which an amendment to paragraph 705.80(5)(b) comes into effect;
2. The date on which any condition set out in this exemption is breached;
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 that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 1^st day of May, 2007 on behalf of the Minister of Transport, Infrastructure and Communities.

OSB Merlin Preuss

M. R. Preuss
Director General
Civil Aviation

Date de modification :

2007-03-2