EXEMPTION FROM SUBSECTION 3.2.1 AND PARAGRAPH 3.4.2 d) OF THE MANUAL OF ALL WEATHER OPERATIONS (Categories II and III) (TP 1490), MADE PURSUANT TO SUBSECTION 602.128(4) 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 operating under Subpart 705 of the Canadian Aviation Regulations (CARs), who have an approved training program that provides for training in lieu of the Pilot Proficiency Check (PPC), and their flight crew members, from the requirements of subsection 3.2.1 and paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III) made pursuant to subsection 602.128(4) of the CARs, subject to the following conditions.

Subsection 602.128(4) requires that the flight crew conducting CAT II or CAT III precision approaches be trained in accordance with the Manual of All Weather Operations (Categories II and III).

Subsection 3.2.1 of the Manual of All Weather Operations (Categories II and III) contained in Appendix A, to this exemption, specifies that the certification has to be done by a Transport Canada, Aviation Group (TCAG) inspector or an approved company check pilot.

Paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III) contained in Appendix A, to this exemption, specifies that the period for certification will be 6 months and allows the renewal test to be combined with either semi-annual pilot proficiency check or during an approved LOFT program.

PURPOSE

The purpose of this exemption is

  1. to permit the renewal test for a CAT II or CAT III qualification to be conducted by a qualified simulator instructor, during the six month recurrent training that has been approved by the Minister, in accordance with the Commercial Air Service Standards, as a substitute for the pilot proficiency check (LOFT), or during the concurrent training session.
  2. to permit the Chief Pilot or his or her designate to certify in the pilot’s training file that :
    1. the pilot-in-command is competent to conduct CAT II or CAT III operations;
    2. the second-in-command has completed the required CAT II or CAT III training program and is certified to act as second-in-command during CAT II or CAT III operations.

APPLICATION

This exemption applies to Canadian air operators operating under subpart 705 of the CARs, who have an approved training program that provides for training in lieu of the PPC, conducting CAT II or CAT III operations, and to their flight crew members.

CONDITIONS

This exemption is subject to the following conditions:

  1. The candidate shall be eligible for the “Six month Recurrency Training that is approved as a substitute for the Pilot Proficiency Check” option of subsection 725.113(1) of the Commercial Air Services Standard (CASS).
  2. The candidate shall have received the preceding CAT II or CAT III certification from a TCAG inspector or from an approved company check pilot.
  3. The validity period of the candidate’s certification for CAT II or CAT III has not expired on the day of the test.
  4. The air operator shall document, in the approved Company Operations Manual, the process for certification of the CAT II or CAT III competency of a pilot-in-command or second-in-command by the Chief Pilot or his or her designate.
  5. The air operator shall specify, in the approved Company Operations Manual, that the validity period of a CAT II or CAT III certification made by the Chief Pilot, or his or her designate, expires on the first day of the seventh month following the month in which the test was completed.
  6. The Chief Pilot, or his or her designate, has certified in the pilot’s training file that the pilot-in-command is competent to conduct CAT II or CAT III operations.
  7. The Chief Pilot, or his or her designate, has certified in the pilot’s training file that the second-in-command has completed the required CAT II or CAT III training program and is certified to act as second-in-command during CAT II or CAT III operations.
  8. The process by which the Chief Pilot designates a qualified simulator instructor to perform CAT II and CAT III competency certification on his behalf shall be described in the approved company operations manual.
  9. The air operator and the flight crew members meet all other requirements of subsection 3.2.1 and paragraph 3.4.2 d) of the Manual of All Weather Operations (Categories II and III).
  10. A copy of this exemption shall be included in the air operator’s Company Operations Manual.

VALIDITY

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

  1. October 31, 2010 at 23:59 EDT;
  2. the date on which any of the conditions set out in this exemption are breached; or
  3. 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 atOttawa, Ontario, Canada this 7th day of April 2009, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by Merlin Preuss

Merlin Preuss
Director General
Civil Aviation

 

ANNEX A

Landing Minima

3.2.1 The minima prescribed above are authorized only for those pilots-in-command who have completed an approved CAT II/III training program and have been certified by a TCAG Inspector or an approved company check pilot as being qualified for CAT II/III operations. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-jet aircraft unless he has had at least 300 hours as pilot-in-command in turbo-jet aircraft. The pilot-in-command must also have completed 100 hours of line flying on the aircraft type, in command
unless otherwise authorized in an operating certificate or operations manual. No pilot-in-command shall be authorized to conduct CAT II/III operations in turbo-prop aircraft or rotorcraft unless he has had 100 hours as pilot-in-command on the type of turbo-prop aircraft or rotorcraft for which he is approved. Further, the second-in-command must have completed the required CAT II/III training program and have been certified by the carrier to act as second-in-command during CAT II/III operations.

3.4.2 d) The period of certification will be for six months; renewal tests may be combined with semi-annual pilot proficiency checks or during an approved LOFT program;

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