EXEMPTION FROM SUBSECTION 605.85(1) 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 adversely aviation safety, I hereby exempt Canadian air operators and their personnel from the requirements of subsection 605.85(1) of the Canadian Aviation Regulations (CARs), subject to the conditions of this exemption.

Subsection 605.85(1) of the CARs states that subject to subsections 605.85(2) and 605.85(3) of the CARs, no person shall conduct a take-off in an aircraft, or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, where that aircraft has undergone maintenance, unless the maintenance has been certified by the signing of a maintenance release pursuant to section 571.10.

PURPOSE

Where the Maintenance Control Manual (MCM) of a Canadian Air Operator has been amended and approved by the Minister, authorizing them to include tasks in their MCM identified in the Helicopter Technology Corporation Maintenance Manual HTCM-001, which refers to the MD Helicopter Inc. CSP-HMI-2 Manual, Section 04-00-00; this exemption permits Canadian air operators and their personnel to carry out and record, without requiring a maintenance release, the Torque Event inspection requirements stipulated in the CSP-HMI-2 Manual,  Section 04-00-00, when the task is within the capacity of an individual to perform, but is not specifically identified in the elementary work listings set out in the “Aircraft Equipment and Maintenance Standards.”

CONDITIONS

This exemption is subject to the following conditions:

  1. The air operator MCM must contain policies and procedures that ensure quality training is carried out. The training must emphasize the risks of not doing the inspections correctly and include a method for feedback from the trainees on their perception of their competence.

  2. The training must include practical exercises using visual and physical aids such as photographs, to detect specific defects. The training must also include regulatory training related to the performance and recording of maintenance and elementary work, as referenced in CARs 571.02 and 571.03.

  3. The air operator MCM must specify the prior qualifications (e.g. unlicensed aircraft maintenance technician or helicopter pilot) for persons who will be authorized to carry out the inspection, and the procedures for the issuance or cancellation of authorization documents. A list of authorized air operator personnel must be incorporated by reference in the MCM.

  4. Trainees shall demonstrate their competency in using visual aids and conducting the inspection correctly prior to being authorized to perform the inspection on their own. At the completion of training, records must be kept as per the requirement of CAR 706.13

  5. An AME shall complete the torque inspection of the helicopter blades in accordance with the HTCM-001, which refers to the MD Helicopters Inc. CSP-HMI-2 Manual, Section 04-00-00, during the most frequent inspection contained in the Air Operator’s Approved Maintenance Schedule.

  6. Defects found during the Torque Event inspection requirements stipulated in the HTCM-001, which refers to the MD Helicopter Inc. CSP-HMI Manual, Section 04-00-00, must be reported in accordance with the Canadian Aviation Regulations Part 5 subpart 21 Division IX - Service Difficulty Reporting (SDR), and

  7. A copy of this exemption must be carried aboard the aircraft

VALIDITY

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

  1. 1 February, 2016 at 23:59 EST;

  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 adversely aviation safety.

Dated at Ottawa, Ontario, Canada this 4th day of February, 2013 ,on behalf of the Minister of Transport.

[original signed by David Salisbury]

 


Martin J. Eley
Director General
Civil Aviation

 

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