EXEMPTION FROM PARAGRAPHS 605.03(1)(a), (b) and (c) 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 persons who operate an aircraft in the owner maintenance classification, from the requirements of paragraphs 605.03(1)(a), (b) and (c) of the Canadian Aviation Regulations (CARs). This exemption is subject to the conditions of this exemption.

Paragraph 605.03(1)(a) of the CARs stipulates that no person shall operate an aircraft in flight unless a flight authority is in effect in respect of the aircraft.

Paragraph 605.03(1)(b) of the CARs stipulates that no person shall operate an aircraft in flight unless the aircraft is operated in accordance with the conditions set out in the flight authority.

Paragraph 605.03(1)(c) of the CARs stipulates that no person shall operate an aircraft in flight unless the flight authority is carried on board the aircraft.

Purpose

This exemption permits the operation of an aircraft in the owner maintenance classification when the aircraft is not in compliance with the applicable type design but the Minister has determined that the aircraft is safe for flight.

Application

This exemption applies to all persons who operate an aircraft in the owner maintenance classification when the aircraft is not in compliance with the applicable type design.

Conditions

This exemption is subject to the following conditions:

  1. the aircraft shall meet the criteria for one of the classifications of a special certificate of airworthiness;
  2. the aircraft shall not be in compliance with the applicable type design;
  3. the aircraft shall be operated in accordance with the operating and maintenance conditions specified in Appendix A to this exemption;
  4. the Minister shall have determined that the aircraft is safe for flight;
  5. a copy of this exemption shall be on board the aircraft when it is in operation.

Validity

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

  1. 24:00 EST on June 30, 2006;
  2. the date on which an amendment made to the applicable provisions of the Canadian Aviation Regulations comes into effect;
  3. the date on which any of the conditions set out in this exemption are breached;
  4. the date on which this exemption is cancelled in writing by the Minister where he is of the opinion it is no longer in the public interest or that it is likely to affect aviation safety.

 

Dated at Ottawa, this 29th day of September 2004, on behalf of the Minister of Transport.

Original signed by

Merlin Preuss
Director General
Civil Aviation


Appendix A

STANDARDISED OPERATING and MAINTENANCE CONDITIONS

At a minimum, the aircraft shall be operated in accordance with the following operating and maintenance conditions:

  1. for recreational flying only – the use of the aircraft for commercial purposes is prohibited;
  2. the maximum number of occupants shall not exceed four (4);
  3. prior to each flight, the pilot-in-command shall brief the passenger(s) with respect to the meaning of the placard, emergency procedures and items unique to the aircraft;
  4. all flight operations shall be conducted in accordance with the provisions presently found in the aircraft flight manual, pilot operating handbook, aircraft operating manual or other equivalent document, and, if applicable, where the aircraft has been modified, in accordance with the appropriate flight manual supplement;
  5. aerobatic maneuvers are prohibited except where authorized by the aircraft flight manual, pilot operating handbook, aircraft operating manual or other equivalent document;
  6. the aircraft shall not be modified to the extent that it no longer is in conformity with the requirements of paragraph 507.03(6)(e) of STD 507; and
  7. changes that affect the structural strength, performance, power plant operation, or flight characteristics of the aircraft must be reported to the Minister before further flight of the aircraft.
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