Pursuant to subsection 5.9(2) of the Aeronautics Act, and after taking into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt all passengers responsible for an infant for which no child restraint system is provided from the requirements set out in paragraph 605.26(1)(b) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.
Paragraph 605.26(1)(b) of the CARs states:
“Use of Passenger Safety Belts and Restraint Systems
605.26 (1) Where the pilot-in-command or the in-charge flight attendant directs that safety belts be fastened, every passenger who is not an infant shall:
- ensure that the passenger's safety belt or restraint system is properly adjusted and securely fastened;
- if responsible for an infant for which no child restraint system is provided, hold the infant securely in the passenger's arms; and
- if responsible for a person who is using a child restraint system, ensure that the person is properly secured.”
PURPOSE
The purpose of this exemption is to allow the use of the AmSafe CARES™ device on Canadian registered aircraft.
APPLICATION
This exemption applies only to a passenger responsible for an infant for which no child restraint system is provided and who is travelling on Canadian registered aircraft.
For the purposes of this exemption, the CARES™ device means the child aviation restraint system manufactured by AmSafe Aviation, part number 4082-1-( )-( ) and bearing a label stating: “FAA approved in accordance with 14 CFR 21.305(d), approved for aircraft use only”.
CONDITIONS
This exemption is subject to the following conditions:
- The CARES™ device shall be used and a parent or guardian who will attend to the safety of the infant during the flight shall accompany the infant using the CARES™ device.
- The infant using the CARES™ device shall be at least one year of age.
- The device shall be used within the limitations specified by the manufacturer found on the CARES™ device.
- The CARES™ device shall bear a legible label indicating the applicable design and approval standards.
- The passenger who is responsible for an infant and who is using the CARES™ device on board an aircraft shall be:
- seated in a seat adjacent to the seat to which the CARES™ device is secured;
- familiar with the manufacturer's installation instructions for the CARES™ device;
- familiar with the method of securing the person in the CARES™ device and of releasing the person from it; and
- familiar with the procedures for evacuation of the infant using the CARES™ device.
- The air operator on which the CARES™ device is used shall have incorporated these conditions into their company procedures and training programs for the employees on a flight upon which a CARES™ device is used.
VALIDITY
This exemption is valid until the earliest of:
- December 31, 2010 at 23:59 EST;
- the date on which any condition set out in this exemption is breached;
- 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, Canada on this 1st day of May 2009, on behalf of the Minister of Transport, Infrastructure and Communities.
Original signed by:
Merlin Preuss
Director General
Civil Aviation
- Date de modification :