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 the persons listed hereinafter, who are United States licensed experimental and production test pilots working for hire and reward for Bombardier Aerospace, Learjet Inc. (hereinafter "Bombardier Aerospace"), P. O. Box 7707, Wichita, KS 67277-7707 United States, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 401.03(1)(a) states that no person shall act as a flight crew member or exercise the privileges of a flight crew permit, licence or rating unless, subject to subsection (2) and Sections 401.19 to 401.27, the person is the holder of, and can produce while so acting and while exercising such privileges, the appropriate permit, licence or rating.

Purpose

The purpose of this exemption is to permit the persons listed hereinafter to exercise the privileges of acting as a pilot-in-command or co-pilot of any aeroplane manufactured by Bombardier Aerospace. This exemption is for the purpose of operating any aeroplanes manufactured by Bombardier Aerospace without a flight crew permit, licence or rating for the aeroplane that is being operated under an experimental or special purpose flight permit. Presently, it is not possible to obtain a type rating on aeroplanes that are experimental and for which a Canadian type approval or a Canadian approved type certificate has not been issued. Additionally, the type rating is not an appropriate rating for flight test operations performed with aircraft operating under a Flight Permit. The exemption will also permit the Bombardier pilots listed in the exemption to provide flight instruction to media personnel who will be receiving this training in order to report on the aircraft performance and characteristics.

Application

This exemption applies to the persons listed hereinafter who are employed by

Bombardier Aerospace for hire or reward in order to operate any aeroplane manufactured by Bombardier Aerospace that is being flight tested or operated under the authority of an experimental or specific purpose flight permit and permits Bombardier Aerospace to carry media personnel holding pilot licenses and assigned as flight crew members for the purpose of receiving training provided by the designated Bombardier personnel listed in this exemption. These designated Bombardier personnel have the privilege of providing that training.

NAMES

U.S. FAA/Canadian
Certificate or Licence

James Dwyer  2170518
Charles Gemar  503661926
Ed Grabman  2590515
Peter Reynolds  299405676
Mark Schlegel  1711173
Craig Tylski  2149029
Douglas May  514567644
Rodney Hoctor  466947527
Brian Mathy  77567612
Robert Agostino  2100682
Michael Morris  1899061
David Ryan  526456296
William Landrum  1909574
Thomas Maurer  229981842
Rodney Lundy  515764847
Gary Spears  2690739
Rickey Rowe  515522085
Frank Magnusson  291448114
Rick Rydzewski  2108859
Regis Hancock  2671967
Eric Nordberg  513820675
Allen Goodwin  1554646
Allan Krahn  2257999
Mark Kane  2676134
Ulf Moe  2260699
Michael Ostroski  2626518
Alan Shepherd  2690740
Mark Zerener  514744828
Stefan Johansson  2421568
Kerry Swanson  552438029
Gary Sanders  1469808
Jimmy Helms  452116884
Rejean Dumont  AA398229
Jeffrey Benedet  AA280230
John Valade  AA171817
Joseph Laliberté  AA108576
Charles Ellis  AA244080
Gary Bruce  AA292172

Conditions

This exemption is subject to the following conditions:

  1. for Pilot-in-Command duties, each person must hold a valid United States Airline Transport Pilot Certificate Aeroplane Category or a Canadian Airline Transport Pilot Licence - Aeroplane; and
    1. have a minimum of 3000 hours experience in Aeroplanes; or
    2. have a minimum of 2000 hours experience in Aeroplanes and be a graduate of a formally recognized Flight Test School;
  2. for Co-pilot duties, each person must hold a valid United States Commercial Pilot Certificate Aeroplane Category or a Canadian Commercial Pilot Licence - Aeroplane;
  3. each person must be certified by Bombardier Flight Test Centre to have completed the following;
    1. the appropriate Aeroplane Type familiarization ground school; and
    2. the appropriate Aeroplane Type Flight Crew (Pilot) Initial Position Check Knowledge Test;
  4. each person must hold a valid multi-engine instrument rating;
  5. no passengers shall be carried on board;
  6. a copy of this exemption shall form part of the licensing documents carried by each person; and
  7. for flights outside of Canadian airspace, authority to operate under this exemption shall be received from the Civil Aviation Authority of the state whose territory is being entered prior to entry into the territory.

Validity

This exemption is in effect until the earliest of:

  1. 0001 UTC, September 15th, 2004;
  2. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect;
  3. the date on which any condition set out in this exemption is breached; or
  4. the date on which this exemption is canceled 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.

EXEMPTION CANCELLATION

The exemption from paragraph 401.03(1)(a) of the Canadian Aviation Regulations issued to Bombardier Aerospace, on November 28th, 2002, 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.

 

Dated at Ottawa (Ontario), this 26th day of March 2003, on behalf of the Minister of Transport.

 

Merlin Preuss
Director General
Civil Aviation

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