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 Canadian air operators operating under Subparts 703, 704 or 705 of the Canadian Aviation Regulations (CARs) from the requirement of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards (CASS) made pursuant to subsections 703.38(3), 704.33(5) and 705.40(4) of the CARs respectively, subject to the following conditions.
Clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the CASS state that use of portable two-way radio communication devices is prohibited at all times when the aircraft or helicopter engines are running, excluding the auxiliary power unit.
The requirements of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the CASSare detailed in Appendix A to this exemption.
PURPOSE
The purpose of this exemption is to allow Canadian air operators operating under Subparts 703, 704 or 705 of the CARs to permit the use of transmitting portable electronic devices (TPEDs) on board aircraft during the taxi-in to the gate, terminal or dock phase of flight.
APPLICATION
This exemption applies only to Canadian air operators operating under Subparts 703, 704 or 705 of the CARs.
CONDITIONS
This exemption is subject to the following conditions:
- Prior to permitting the use of TPEDs on board, the air operator shall conduct testing in coordination with Transport Canada to verify and confirm that the use of the device does not interfere with the safe operation of the aircraft during the taxi-in phase.
- The use of a TPED when an aircraft engine is running shall be permitted on board only during the taxi-in to the gate, terminal or dock phase of flight.
- The use of a TPED shall comply with the limitations specified in Section 602.86 of the CARs pertaining to the stowage of carry-on baggage, equipment and cargo.
- The air operator shall implement procedures to advise passengers of:
- when the use of TPEDs is permitted; and
- the type of TPED that is acceptable for use.
- With the exception of electronic flight bags, crew members shall not be permitted to use a TPED during the taxi-in phase.
- Crew members shall receive initial and recurrent training on the emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption.
- The air operator shall amend the applicable parts of their company operations manual and crew member training programs to reflect changes in emergency and safety procedures associated with the introduction of the use of TPEDs authorized by this exemption.
- The determination of whether a particular device may impair the functioning of the aircraft’s systems or equipment during the taxi-in phase shall be made by the operator of that aircraft.
VALIDITY
This exemption is valid until the earliest of:
- June 1, 2013 at 23:59 EDT;
- the date on which any condition set out in this exemption is breached;
- the date on which an amendment modifying the subject matter of clauses 723.38(3)(c)(ii)(A) and 724.33(3)(c)(ii)(A) and subclause 725.40(3)(a)(iii)(B)(I) of the Commercial Air Service Standards comes into effect; or
- 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, Canada on this 28 day of November 2011, on behalf of the Minister of Transport.
Original signed by
Jacqueline Booth
A/Director, Standards
Civil Aviation
Appendix A
602.08 Portable Electronic Devices
- No operator of an aircraft shall permit the use of a portable electronic device on board an aircraft, where the device may impair the functioning of the aircraft's systems or equipment.
- No person shall use a portable electronic device on board an aircraft except with the permission of the operator of the aircraft.
602.86 Carry-on Baggage, Equipment and Cargo
(1) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are
- stowed in a bin, compartment, rack or other location that is certified in accordance with the aircraft type certificate in respect of the stowage of carry-on baggage, equipment or cargo; or
- restrained so as to prevent them from shifting during movement of the aircraft on the surface and during take-off, landing and in-flight turbulence.
(2) No person shall operate an aircraft with carry-on baggage, equipment or cargo on board unless
- the safety equipment, the normal and emergency exits that are accessible to passengers and the aisles between the flight deck and a passenger compartment are not wholly or partially blocked by carry-on baggage, equipment or cargo;
- all of the equipment and cargo that are stowed in a passenger compartment are packaged or covered to avoid possible injury to persons on board;
- where the aircraft is type-certificated to carry 10 or more passengers and passengers are carried on board,
- no passenger's view of any "seat belt" sign, "no smoking" sign or exit sign is obscured by carry-on baggage, equipment or cargo except if an auxiliary sign is visible to the passenger or another means of notification of the passenger is available,
- all of the passenger service carts and trolleys are securely restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence where the pilot-in-command or in-charge flight attendant has directed that the cabin be secured pursuant to subsection 605.25(3) or (4), and
- all of the video monitors that are suspended from the ceiling of the aircraft and extend into an aisle are stowed and securely restrained during take-off and landing; and
- all of the cargo that is stowed in a compartment to which crew members have access is stowed in such a manner as to allow a crew member to effectively reach all parts of the compartment with a hand-held fire extinguisher.
703.38 Passenger and Cabin Safety Procedures
…
(3) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
- meet the Commercial Air Service Standards; and
- are specified in the air operator's company operations manual.
723.38 Passenger and Cabin Safety Procedures
…
(3) Use of Portable Electronic Devices
(amended 1998/06/01; no previous version)
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
- …
- …
- Permitted Devices With Restrictions
- …
- portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
- use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
723.38 Passenger and Cabin Safety Procedures
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(amended 1999/09/01; no previous version)
- …
- …
- Permitted Devices With Restrictions
- …
- portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
- use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit,
704.33 Apron and Cabin Safety Procedures
…
(5) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
- meet the Commercial Air Service Standards; and
- are specified in the air operator's company operations manual.
724.33 Passenger and Cabin Safety Procedures
(amended 1998/06/01; previous version)
…
(3) Use of Portable Electronic Devices
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
(amended 1998/06/01; no previous version)
- …
- …
- Permitted Devices With Restrictions
- …
- portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
- use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
724.33 Apron and Cabin Safety Procedures
…
(3) Use of Portable Electronic Devices
(amended 1999/09/01; no previous version)
The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
- …
- …
- Permitted devices with restrictions:
- …
- portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
- use is prohibited at all times when the helicopter engines are running, excluding the auxiliary power unit,
705.40 Passenger and Cabin Safety Procedures
…
(4) For the purposes of Section 602.08, no air operator shall permit the use of a portable electronic device on board an aircraft unless the air operator has established procedures that
- meet the Commercial Air Service Standards; and
- are specified in the air operator's company operations manual.
725.40 Passenger and Cabin Safety Procedures
…
(3) Use of Portable Electronic Devices (refers to paragraph 705.40(4)(b) of the Canadian Aviation Regulations)
(amended 1998/03/23; previous version)
- The prohibited devices, the permitted devices without restrictions and the permitted devices with restrictions are defined as follows, and are to be used in accordance with the stated requirements as applicable:
- …
- …
- Permitted devices with restrictions:
- …
- portable two-way radio communication devices may be used subject to all of the following conditions and restrictions being met:
- use is prohibited at all times when the aircraft engines are running, excluding the auxiliary power unit,
- Date de modification :