EXEMPTION FROM PARAGRAPH 602.126(1)(c) OF THE CANADIAN AVIATION REGULATIONS

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 David Gifford – 26 Pigeon Hill Road, Weston, MA 02493, USA and its flight crewmembers from the requirements set out in paragraph 602.126(1)(c) of the Canadian Aviation Regulations, subject to the conditions below.

Paragraph 602.126(1)(c) states that no pilot-in-command of an aircraft shall conduct a take-off if the take-off visibility, as determined in accordance with subsection (2), is below the minimum take-off visibility specified in the Canada Air Pilot in any case other than a case described in paragraph (a) or (b).

PURPOSE

The purpose of this exemption is to allow all pilots-in-command working for reward or hire for David Gifford to operate aeroplanes to Take-off Minima Reported Visibility RVR 600 feet at Canadian airports.

APPLICATION

This exemption applies to David Gifford, 26 Pigeon Hill Road, Weston, MA 02493, USA and its flight crewmembers when operating in Canada.

CONDITIONS

This exemption is subject to the following conditions:

  1. The pilots-in-command shall ensure an aerodrome used as take-off alternate is specified in the IFR flight plan and located:

    1. in the case of a twin-engined aeroplane, within the distance that can be flown in 60 minutes at the one-engine-inoperative cruise speed; or

    2. in the case of an aeroplane with three or more engines, within the distance that can be flown in 120 minutes at the one-engine-inoperative cruise speed.

  2. David Gifford and its pilots-in-command shall ensure the take-off alternate aerodrome weather minima meet the alternate requirements set out in the Canada Air Pilot.

  3. For each aerodrome at which the exemption is to be used, David Gifford and its pilots-in-command shall determine the significant obstructions which exist in the take-off path and determine, by the use of the approved aeroplane performance charts, that the aeroplane will safely clear obstructions on the take-off path and maintain at least the minimum en-route altitude to the take-off alternate, with the critical engine inoperative.

  4. The runway shall have the following equipment: 
    1. serviceable and functioning high intensity runway lights, runway centre line lights and centre line markings that are plainly visible to the pilot throughout the take-off run;

    2. at least two transmissometers, one situated at the approach end and one at the mid-point of the runway, each reading not less than RVR 600 feet; and

    3. where three transmissometers are available and the mid-point transmissometer is unserviceable, the transmissometers at the approach end and the departure end of the runway shall each read, prior to take-off, not less than RVR 600 feet.
  5. David Gifford and its pilots-in-command shall ensure the Operations Manual contain detailed guidance on how to determine departure one engine inoperative climb gradient and obstacle clearance.

  6. Before commencing take-off, the pilot-in-command shall be satisfied that the required RVR 600 feet visibility exists for the runway to be used.
     
  7. The attitude indicators on the aeroplane for the pilot-in-command and second-in-command shall incorporate pitch attitude index lines in appropriate increments above and below reference line to at least 15 degrees, and provide a ready depiction of total aeroplane attitude.  The approved Failure Warning Systems which will immediately detect essential instrument and equipment failures or malfunctions shall be operative. For the purpose of reduced visibility take-offs, essential instruments are defined as attitude indicators, directional gyros and HSI’s (Horizontal Situation Indicator).

  8. The pilot-in-command and the second-in-command, if authorized by David Gifford for lower than normal take-off limits, shall have been checked within the preceding 12 months in an approved simulator by an approved company check pilot or a person authorized by the state of registry and shall have been certified as competent to use the minima in the training and qualification records of David Gifford.

  9. Before commencing take-off, the pilot-in-command shall be satisfied that the aerodrome is suitable for the intended operation, as outlined in the Canada Air Pilot, General Pages (CAP GEN), Operating Minima (Page 1) Aerodrome Operating Restrictions – Visibility.

  10. David Gifford and its pilots-in-command shall ensure that a copy of this exemption is carried on board their aeroplanes while operating in Canadian domestic airspace.

VALIDITY

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

  1. August 15, 2012 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 14th day of February 2011, on behalf of the Minister of Transport.

Original signed by Wayne Chapin
February 14, 2011


Wayne Chapin
Chief
Foreign Inspection Division
International Operations

 

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