EXEMPTION FROM PARAGRAPH 401.03(1)(a) 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  all pilots, who are qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries, 1560 Crumlin Sideroad, London, Ontario, Canada, N5V 1S2, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs) in accordance with the purpose and application set out below and subject to the following conditions.

Paragraph 401.03(1)(a) states that, subject to subsection (2), no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless the person holds the appropriate permit, licence or rating.

PURPOSE

The purpose of this exemption is to permit all qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries to exercise the privilege of acting as pilot-in-command or co-pilot of any aeroplane manufactured by Diamond Aircraft Industries without a rating for the aeroplane that is being operated under an experimental or special purpose flight permit. 

APPLICATION

This exemption applies to all qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries while operating any aeroplane that is manufactured by Diamond Aircraft Industries and being flight tested or operated under the authority of an experimental or specific purpose flight permit.

CONDITIONS

This exemption is subject to the following conditions:

  1. The pilot exercising the duties of pilot-in-command or co-pilot duties shall provide Diamond Aircraft Industries with evidence of holding a valid foreign or Canadian Commercial Pilot Licence-Aeroplane Category or Airline Transport Pilot Licence – Aeroplane Category; and
    1. have a minimum of 3000 hours experience in Aeroplanes; or
    2. have experience and qualifications as defined in the Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT-001).
  2. The pilot exercising the duties of pilot-in-command or co-pilot duties shall each hold a valid and appropriate medical certificate.
  3. For pilot-in-command duties or co-pilot duties, each pilot shall be approved by Diamond Aircraft Industries in accordance with Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT-001).
  4. Flight testing shall be carried out in accordance with Diamond Aircraft Industries Flight Test Operations Manual (DAI-FT-001) as approved by Transport Canada.
  5. The pilot exercising the duties of pilot-in-command shall not carry passengers on board.  Only essential crew members necessary for the purpose of experimental test flights shall be carried.
  6. All pilots, who are qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries shall carry a copy of this exemption, which shall form part of his/her licensing documents.
  7. For flights outside of Canadian airspace and prior to entry into the foreign airspace, all pilots who are qualified experimental and production test pilots working for hire or reward for Diamond Aircraft Industries shall obtain the authority to operate under this exemption from the Civil Aviation Authority of the State whose territory is being entered.
VALIDITY

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

  1. June 30, 2013 at 23:59 EDT;
  2. the date on which any condition set out in this exemption is breached; or
  3. 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, Ontario, Canada this 24 day of November 2011, on behalf of the Minister of Transport.

Original signed by

Martin J. Eley
Director General
Civil Aviation

Date de modification :