Exemption from Section 602.40 of the Canadian Aviation Regulations

NCR 035-2015

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 have an adverse effect on aviation safety, I hereby exempt “Pilots-in-command” operating aircraft for the purposes of Night Vision Imaging Systems (NVIS) aircraft certification flight tests, NVIS research flights conducted by the National Research Council, Flight Research Laboratory (NRC-FRL), including pilot training and pilot proficiency flights to prepare flight crews for the above test or research flights from the requirements set out in section 602.40 of the Canadian Aviation Regulations (CARs) subject to the conditions set out in this exemption.

The requirements of section 602.40 of the CARs are detailed in Appendix A to this exemption.

PURPOSE

This exemption authorizes pilots-in-command to land and takeoff in aircraft for the purposes of NVIS aircraft certification flight tests or NVIS research flights conducted by the NCR-FRL including pilot training and pilot proficiency flights to prepare flight crews for the above test or research flights, in areas that do not meet the night lighting requirements for an aerodrome as specified in Part III of the CARs.

APPLICATION

This exemption applies to pilots-in-command operating aircraft for the purposes of conducting NVIS aircraft certification flight tests or NVIS research flights conducted by the NRC FRL, including pilot training and pilot proficiency flights to prepare flight crews for the above test or research flights. NVIS may include but is not limited to Night Vision Goggles (NVG), Enhanced Vision Systems (EVS) and Fused Imagery Systems (FIS).

CONDITIONS

This exemption is subject to the following conditions:

  1. The Pilot in Command (PIC) shall not use the aircraft to provide a Commercial Air Service.
  2. The PIC shall ensure that only crew members essential for the safe operation of the aircraft and that are necessary to accomplish the flight test or research flight are carried, Carriage of passengers, including non-essential crew members, is prohibited.
  3. For NVIS aircraft certification flight tests, the PIC shall comply with the following conditions:
    1. The flight crew members shall include a Transport Canada Engineering Test Pilot, or Transport Canada Design Approval Representative (DAR) Flight Test Pilot who at a minimum, is the holder of a Commercial Pilot License (CPL) appropriate to the type of aircraft being flown, endorsed with a night rating, and has received NVIS flight training;
    2. The flight crew members shall also include a company pilot who, at a minimum, is the holder of a Commercial Pilot License (CPL), endorsed with a night rating, and holds a valid Pilot Competency Check (PCC) or Pilot Proficiency Check (PPC) on the type of aircraft being tested;
    3. The aircraft being tested shall be equipped with dual controls and the flight crew members shall fly with reference to NVIS imagery;
    4. Flights specific to NVG shall use NVG that comply with the requirements of RTCA DO-275, or TSO C-164;
    5. The aircraft being tested shall be assessed for NVG compatibility at altitudes at or above 1000 feet (ft) above ground level (AGL) before being flown at altitudes below 500 ft AGL, including landing at aerodromes that do not meet the requirements of Part III of the CARs;
    6. The flight crew members shall have conducted a daylight flight to the planned test area within the previous two (2) days for familiarization with the test area, obstacles, terrain, and suitable landing areas. The flight crew members shall check NOTAMS for the planned test area; and
    7. The flight crew members shall use external lights to illuminate areas that could mask obstacles.
  4. For NVIS research flights, the PlC shall comply with the following conditions:
    1. The flight crew members shall include:
      1. an NRC-FRL research pilot who, at a minimum is the holder of a CPL, endorsed with a night rating, is the holder of a current Instrument Rating, holds a valid PPC on the type of aircraft being used for the research flight, and has received NVIS flight training; and
      2. an evaluation pilot;
    2. The aircraft being tested shall be equipped with dual controls and the flight crew members shall fly with reference to NVIS imagery;
    3. For NVG flights, the NRC-FRL research pilot shall wear NVG that meet the requirements of RTCA DO-275, or TSO C-164, whereas the evaluation pilot may wear NVG that do not meet the requirements of RTCA DO-275 or TSO C-164;
    4. The aircraft used for NVG research shall have NVG compatible lighting installed;
    5. The test area chosen shall be familiar to the NRC-FRL research pilot and shall have been surveyed for suitability for the planned flight, either by having conducted a daylight flight to the planned test area within the previous fifteen (15) days or by having conducted a NVIS research flight in the planned test area within the previous fifteen (15) days. The flight crew members shall check NOTAMS for the planned test area; and
    6. The flight crew members shall use external lights to illuminate areas that could mask obstacles.
  5. For pilot training or proficiency flights used to prepare Transport Canada Engineering Test Pilot or Design Approval Representative Flight Test Pilot or NRC-FRL Research Pilot flight crew members for NVIS certification or research flights, the PIC shall comply with the following conditions:
    1. The flight crew members shall include:
      1. At least one pilot who, at a minimum is the holder of a CPL appropriate to the type of aircraft being flown, endorsed with a night rating, is the holder of a current Instrument Rating, holds a valid PPC on the type of aircraft being used for the training or proficiency flight, and has received NVIS flight training; and
      2. If a second pilot is part of the flight crew then, at a minimum is the holder of a CPL, endorsed with a night rating, is the holder of a current Instrument Rating, and has received NVIS flight training;
    2. The aircraft being flown shall be equipped with dual controls if more than one pilot is part of the flight crew.  The flight crew members shall fly with reference to NVIS imagery;
    3. For NVG flights, the pilots shall wear NVG that meet the requirements of RTCA DO-275, or TSO C-164;
    4. The aircraft used for training or proficiency flights shall have NVG compatible lighting installed;
    5. The test area chosen shall be familiar to the flight crew and shall have been surveyed for suitability for the planned flight, either by having conducted a daylight flight to the planned test area within the previous fifteen (15) days or by having conducted a NVIS training or proficiency fighting the planned test area within the previous fifteen (15) days. The flight crew members shall check NOTAMS for the planned test area; and
    6. The flight crew members shall use external lights to illuminate areas that could mask obstacles.
  6. All other requirements of the CARs and incorporated standards, not covered in this exemption, shall be applicable.
  7. The PlC shall carry a copy of this exemption on board the aircraft when operating under the authority of this exemption.
  8. The PlC shall obtain prior permission from the owner or operator of an aerodrome, where applicable, in advance of conducting a landing or takeoff at that aerodrome under the authority of this exemption.

CANCELLATION

The exemption from section 602.40 of the Canadian Aviation Regulations issued to persons operating aircraft for the purposes of Night Vision Imaging Systems (NVIS) aircraft certification flight tests or NVIS research flights conducted by the National Research Council, Flight Research Laboratory (NRC-FRL), on April 16, 2015 at Ottawa, by the Director General Civil Aviation on behalf of the Minister of Transport is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.

VALIDITY

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

  1. a) April 30, 2020 at 23:59 EDT:
  2. b) the date on which any condition set out in this exemption is breached; or
  3. c) the date on which this exemption is cancelled in writing by the Minister where she is of the opinion that it is no longer in the public interest or is likely to have an adverse effect on aviation safety.

Dated at Ottawa, Ontario, Canada on this 27th day of July, 2015, on behalf of the Minister of Transport.

"Original signed by"

Aaron McCrorie
Director General, Aviation Safety Regulatory Framework
Civil Aviation

APPENDIX A

Landing at or Take-off from an Aerodrome at Night

  1. 602.40 (1) Subject to subsection (2), no person shall conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome unless the aerodrome is lighted in accordance with the aerodrome lighting requirements specified in Part III.
  2. (2) A person may conduct a landing or a take-off in a heavier-than-air aircraft at night at an aerodrome that is not lighted in accordance with the requirements referred to in subsection (1) where
    1. a) the flight is conducted without creating a hazard to persons or property on the surface; and
    2. b) the aircraft is operated
      1. (i) for the purpose of a police operation that is conducted in the service of a police authority, or
      2. (ii) for the purpose of saving human life.
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