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 Mr. Stephen P. Day, Transport Canada Aircraft Certification Design Approval Representative (DAR) Test Pilot #319, working for hire or reward for Stephen Day Consulting Ltd., 70 Cottonwood Crescent, Moncton, New Brunswick, E1G 1W6, from the requirement set out in paragraph 401.03(1)(a) of the Canadian Aviation Regulations (CARs) in accordance with the purpose and application set out below and 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 or a foreign licence validation certificate 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 those privileges, the appropriate permit, licence or rating and a valid and appropriate medical certificate;

Purpose

The purpose of this exemption is to allow Mr. Stephen P. Day to exercise the privilege of acting as pilot-in-command or co-pilot of any aeroplane for the purpose of airworthiness flight testing without a type rating for the aeroplane that is being flight tested. This exemption is required because ratings for aeroplanes being flight tested are either unavailable or inappropriate.

Application

This exemption applies to Mr. Stephen P. Day, Transport Canada Aircraft Certification Design Approval Representative (DAR) Test Pilot #319, working for hire or reward for Stephen Day Consulting Ltd. and exercising the privilege of acting as pilot-in-command or co-pilot of any aeroplane for the purpose of airworthiness flight testing without a type rating for the aeroplane that is being operated under the authority of an experimental flight permit.

Conditions

This exemption is subject to the following conditions:

  1. Mr. Stephen P. Day shall hold a valid Airline Transport Pilot Licence - Aeroplane Category ;
  2. no passengers shall be carried on board;
  3. this exemption shall form part of Mr. Stephen P. Day’s licensing documents and shall be carried with his licensing documents;
  4. 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 the following:

  1. February 28th, 2005 at 23:59 ETD;
  2. the date on which Mr. Stephen P. Day is no longer delegated the authority to act as a Design Approval Representative Test Pilot on behalf of Transport Canada, Government of Canada;
  3. the date on which any condition set out in this exemption is breached;
  4. the date on which an amendment to the appropriate provision of the Canadian Aviation Regulations comes into effect; or
  5. 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.

Dated at Ottawa, Canada this 20th day of February 2004, on behalf of the Minister of Transport.

Merlin Preuss
Director General
Civil Aviation

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