EXEMPTION FROM SECTION 602.40 OF THE CANADIAN AVIATION REGULATIONS

From: Transport Canada

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 operating helicopters for the purposes of Night Vision Goggle (NVG) aircraft certification flight tests or NVG research flights conducted by the National Research Council, Flight Research Laboratory (NRC-FRL) from the requirements set out in section 602.40 of the Canadian Aviation Regulations (CARs) subject to the conditions set out in this exemption.

The requirements of section 602.40 of the Canadian Aviation Regulations are detailed in Appendix A to this exemption.

Purpose

The purpose of this exemption is to permit persons to land and takeoff in helicopters, for the purposes of NVG aircraft certification flight tests or NVG research flights conducted by the National Research Council, Flight Research Laboratory, in areas that do not meet the night lighting requirements for an aerodrome.

Application

This exemption applies to all persons operating helicopters for the purposes of conducting (i) NVG aircraft certification flight tests, or (ii) NVG research flights conducted by the NRC-FRL.

Conditions

This exemption is subject to the following conditions:

  1. The Pilot in Command (PIC) shall not use the helicopter to provide a Commercial Air Service.
  2. The PIC shall not operate the helicopter to certified heliports or heliports required to be certified under the applicability requirements of CAR Part III, unless the heliport is certified for night operations in accordance with the provisions of its Operating Certificate.
  3. The PIC shall ensure that only crew members essential for the safe operation of the helicopter and that are necessary to accomplish the flight test or research flight are carried. Carriage of passengers, including non-essential crew members, is prohibited.
  4. For NVG aircraft certification flight tests, the PIC shall satisfy the following conditions:
    1. The flight crew shall include a Transport Canada Engineering Test Pilot that has received NVG flight training and is the holder of a current Group IV Instrument Rating;
    2. The flight crew shall also include a company pilot that at a minimum is the holder of a CPL-H, endorsed with a night rating, and holds a valid PCC or PPC on the type of helicopter being tested;
    3. The helicopter shall be equipped with dual controls and both pilots shall fly with reference to NVG imagery;
    4. The NVG used for the flight shall meet the requirements of RTCA/DO-275, or TSO C-164;
    5. The helicopter being tested shall be assessed for NVG compatibility at altitudes at or above 1000 ft AGL before being flown at altitudes below 500 ft, including landing at aerodromes that do not meet the requirements of CAR Part III;
    6. The flight crew shall have conducted a daylight flight to the planned test area within the previous 2 days for familiarization with the test area, obstacles, terrain, and suitable landing areas.  The flight crew shall check NOTAMS for the planned test area; and
    7. The flight crew shall use landing or search lights to illuminate areas that could mask obstacles.
  5. For Night Vision research flights, the PIC shall satisfy the following conditions:
    1. The flight crew shall include:
      1. an NRC-FRL research pilot that at a minimum is the holder of a CPL-H, endorsed with a night rating, is the holder of a current Group IV Instrument Rating, holds a valid PCC or PPC on the type of helicopter being tested, and has received NVG flight training, and
      2. an evaluation pilot;
    2. The helicopter shall be equipped with dual controls and both pilots shall fly with reference to NVG imagery;
    3. The NRC-FRL research pilot shall wear NVG that meet the requirements of RTCA/DO-275.  The evaluation pilot may wear NVG that do not meet the requirements of DO-275;
    4. The helicopter used for NVG research shall have NVG compatible lighting installed;
    5. The test area chosen shall be familiar to the NRC-FRL research pilot, and shall have been surveyed for suitability for the planned flight either by having conducted a daylight flight to the planned test area within the previous 15 days, or having conducted a NVG research flight in the planned test area within the previous 15 days.  The flight crew shall check NOTAMS for the planned test area; and
    6. The flight crew shall use landing or search lights to illuminate areas that could mask obstacles.
  6. All other requirements of the CARs and incorporated standards not covered in this exemption shall be applicable.
  7. The PIC shall carry a copy of this exemption on board the helicopter when operating under the authority of this exemption.
  8. The PIC shall obtain prior permission of the owner of an aerodrome, where applicable, in advance of conducting a landing or takeoff at that aerodrome under the authority of this exemption.

Validity

This exemption shall be in effect until the earliest of:

  1. April 30, 2010 at 23:59 EDT;
  2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
  3. the date on which any condition 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 that it is no longer in the public interest or is likely to affect aviation safety.

 

DATED at Ottawa, Ontario, Canada this 7th day of November, 2008 on behalf of the Minister of Transport, Infrastructure and Communities.

<Original signed by>

Merlin Preuss
Director General
Civil Aviation

 

Appendix A

REGULATORY REQUIREMENTS

CANADIAN AVIATION REGULATIONS
Part VI - General Operating and Flight Rules
Subpart 2 – Operating and Flight Rules
Section 602.40 - Landing at or Take-off from an Aerodrome at Night

Landing at or Take-off from an Aerodrome at Night

602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.

(2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where

  1. the flight is conducted without creating a hazard to persons or property on the surface; and
  2. the aircraft is operated
    1. for the purpose of a police operation that is conducted in the service of a police authority, or
    2. for the purpose of saving human life.
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