EXEMPTION FROM SUBSECTION 605.38(1) 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 air operators and flight crewmembers, operating under Part VII of the Canadian Aviation Regulations (CARs), from the requirements set out in Subsection 605.38(1) of the (CARs), subject to the following conditions.

Subsection 605.38(1) of the CARs states that subject to subsection 605.38(3), no person shall operate an aircraft unless it is equipped with one or more ELTs in accordance with subsection (2).

PURPOSE

The purpose of this exemption is to provide air operators and flight crewmembers, operating under Part VII of the CARs with additional time to install an Emergency Locator Transmitter (ELT) as required by the table set out in paragraph 605.38(2), where the aircraft is a multi-engined turbo-jet aeroplane of more than 5,700 kg (12,500 pounds) maximum certificated take-off weight MCTOW that is being operated in IFR flight within controlled airspace over land, and south of latitude 66° 30’ N.

APPLICATION

This exemption applies to air operators operating under Part VII of the CARs and where the aircraft is a multi-engined turbo-jet aeroplane of more than 5,700 kg (12,500 pounds) maximum certificated take-off weight MCTOW that is being operated in IFR flight within controlled airspace over land, and south of latitude 66° 30’ N.

CONDITION

This exemption is subject to the following condition:

  1. The air operator shall have a type “A” operational control system, which provides direct communication between the pilot-in-command and the dispatcher.

VALIDITY

This exemption is in effect until the earliest of:

  1. September 1, 2006; 23:59 EST
  2.  The date on which any of the conditions set out in this exemption is breached; or
  3. 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 it is likely to affect aviation safety.

The exemption from the “Note” to Paragraph 605.38(3)(b) of the Canadian Aviation Regulations (CARs) issued, to Canadian Air Operators and flight crew members operating under Part VII of the CARs, on August 6th 2003, at Ottawa, by the Director General, Civil Aviation, on behalf of the Minister of Transport, is hereby canceled because it is in 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, Canada this 9th day of December 2004, on behalf of the Minister of Transport.

Original signed by Bob Shuter
for

Merlin Preuss
Director General
Civil Aviation

Date de modification :