EXEMPTION FROM SUBSECTION 605.38(1) 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 air operators and flight crewmembers, operating under Part VII of the Canadian Aviation Regulations (CARs), from the requirements set out in Subsection 605.38(1) of the CARs, subject to the following conditions.

Subsection 605.38(1) of the CARs states that subject to subsection 605.38(3) of the CARs, no person shall operate an aircraft unless it is equipped with one or more Emergency Locator Transmitters (ELTs) in accordance with subsection 605.38(2) of the CARs.

PURPOSE

The purpose of this exemption is to provide air operators and flight crewmembers, operating under Part VII of the CARs with additional time to install an ELT as required by the table set out in subsection 605.38(2), where the aircraft is a multi-engined turbo-jet aeroplane of more than 5,700 kg (12,500 pounds) maximum certificated take-off weight MCTOW that is being operated in Instrument Flight Rules (IFR) flight within controlled airspace over land, and south of latitude 66° 30’ N.

APPLICATION

This exemption applies to air operators operating under Part VII of the CARs and where the aircraft is a multi-engined turbo-jet aeroplane of more than 5,700 kg (12,500 pounds) maximum certificated take-off weight (MCTOW) that is being operated in IFR flight within controlled airspace over land, and south of latitude 66° 30’ N.

CONDITION

This exemption is subject to the following condition:

  1. The air operator shall have a type “A” operational control system, which provides direct communication between the pilot-in-command and the dispatcher.

VALIDITY

This exemption comes into effect on September 1, 2008 at 23:59 EDT, and will be in effect until the earliest of the following:

  1. December 1, 2009; 23:59 EST
  2.  the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations or related standards come into force;
  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 canceled in writing by the Minister, where he is of the opinion that it is no longer in the public interest, or it is likely to affect aviation safety.

 

Dated at Ottawa, Ontario, Canada this 28th day of August, 2008 on behalf of the Minister of Transport, Infrastructure and Communities.

“Original signed by” Jennifer Taylor (for)

Merlin Preuss
Director General
Civil Aviation

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