EXEMPTION FROM PARAGRAPH 703.24(a) AND SUBSECTION 605.41(4) OF THE CANADIAN AVIATION REGULATIONS (CARS)

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt Canadian air operators and their respective flight crew members operating single-engined DeHavilland DHC3T aeroplanes from the requirement set out in paragraph 703.24(a) and subsection 605.41(4) of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Section 703.24 of the CARs reads as follows:

“703.24 No air operator shall operate a single-engined aircraft with more than nine passengers on board unless

  1. the aircraft is a transport category helicopter;
  2. the air operator is authorized to do so in its air operator certificate; and
  3. the air operator complies with the Commercial Air Service Standards.“

Subsection 605.41(4) of the CARs reads as follows:

“605.41(4) After December 20, 2010, no person shall conduct a take-off in a turbo-propeller powered aeroplane having a passenger seating configuration, excluding pilot seats, of 10 or more, and operated under Part VII, unless the aeroplane is equipped with a third attitude indicator that meets the requirements of section 625.41 of the Aircraft Equipment and Maintenance Standards.”

PURPOSE

The purpose of this exemption is to permit Canadian air operators of single-engined DeHavilland DHC3T aeroplanes to operate those aircraft with more than nine passengers on board and without having to install a third attitude indicator as required by subsection 605.41(4).

APPLICATION

This exemption applies only to a Canadian air operator and its respective flight crew operating single-engined DeHavilland DHC3T aeroplanes with more than nine passengers on board and without a third attitude indicator.

CONDITIONS

This exemption is subject to the following conditions:

  1. The operator shall not exceed the maximum number of passengers authorized in the Type Certificate or the Supplemental Type Certificate for the conversion.
  2. The pilot-in-command shall have a minimum of 1000 hours of flight time as pilot‑in‑command, including at least 500 hours as pilot-in-command of float planes if the aircraft is operated as a float plane, and a total of 50 hours flight time as pilot-in-command on the DHC3T aeroplane.
  3. The pilot-in-command shall have successfully completed a Pilot Proficiency Check (PPC) conducted according to Schedule II of the Commercial Air Service Standard (CASS)724.108, as applicable to a single-engined aeroplane, under Day Visual Flight Rules (VFR).
  4. The pilot-in-command shall have received training according to the CASS 724.115, in all areas applicable to the operation of a single‑engined aeroplane, under Day VFR.
  5. The air operator and the pilot in command shall operate the aeroplane under day VFR, or day VFR OTT conditions only, as authorized in the air operator’s Air Operator Certificate (AOC).
  6. The Standards for Flight Time and Flight Duty Time Limitations and Rest Periods shall be as they apply to operations under theCARs,(Part VII, Subpart 4 - Commuter Operations).

VALIDITY

This exemption is in effect until the earliest of:

  1. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations or related standards specifically addressed in this exemption comes into force;
  2. the date on which any of the conditions 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 it is no longer in the public interest or it is likely to have an adverse effect on aviation safety.

CANCELLATION

The exemption from paragraph 703.24(a) of the Canadian Aviation Regulations signed on March 14th, 2006 at Ottawa, Ontario, Canada by the Director General Civil Aviation on behalf of the Minister of Transport and coming into effect on May 2, 2006 is hereby cancelled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 10th day of January, 2011, on behalf of the Minister of Transport.

[Original signed by David Turnbull for]

Martin J. Eley
Director General
Civil Aviation

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