COMMERCIAL AND BUSINESS
Advance Notice - Minimum Takeoff Performance Certification Standards for Aeroplanes Engaged in a Commercial Air Service under Subpart 4, Part VII of the Canadian Aviation Regulations
The purpose of this Commercial and Business Aviation Advisory Circular (CBAAC) is to outline the pending changes to regulations and standards requiring that aeroplanes engaged in a commercial air service under Subpart 704 of the Canadian Aviation Regulations (CARs) meet minimum performance certification standards. These changes are expected to come into effect by December 20, 2010.
All Commercial Air Operator Certificate holders authorized to operate aeroplanes under Subpart 704 of the CARs.
Subpart 704 of the CARs and Subpart 724 of the Commercial Air Services Standards.
Subpart 704 of the CARs does not clearly specify minimum takeoff performance certification standards for aeroplanes that are operated under this regulation. The forthcoming changes are intended to improve the level of safety of Canadians traveling on commuter air carriers and eliminate inconsistencies in the application of the standards.
Of specific concern is that some multi-engine propeller-driven aeroplanes have limited or no certified engine-out takeoff performance capability. Despite the fact that these aeroplanes do not conform to the performance standards for Commuter Category aircraft, they are being used in commercial air services in Canada for the conveyance of up to 19 passengers.
The United States' (US) Federal Aviation Administration has recognized this situation as being unacceptable for scheduled air carrier service and has instituted changes to their regulations to correct this deficiency. These new criteria, established for all aeroplanes in scheduled operations capable of carrying more than 9 passengers, will come into force in the US on December 20, 2010.
Similar to the restrictions imposed by US authorities, the planned changes to Canadian regulations and standards requiring takeoff performance certification specifications for the affected aeroplanes will only apply when carrying 10 or more passengers in a scheduled service. There will still be relief provisions for Canadian operators to continue to utilize these aeroplanes in a commercial air service for the conveyance of 9 or less passengers or up to 19 passengers when operating "on-demand".
In the interests of regulatory harmonization, Transport Canada intends to bring these revised regulations and standards into effect on December 20, 2010.
This CBAAC is issued well in advance of the regulatory changes in full appreciation of the potential need for industry to make corresponding adjustments to their long-term business plans.
This CBAAC will remain in effect until further notice.
Commercial and Business Aviation
Commercial & Business Aviation Advisory Circulars (CBAAC) are intended to provide information and guidance regarding operational matters. A CBAAC may describe an acceptable, but not the only, means of demonstrating compliance with existing regulations. CBAACs in and of themselves do not change, create any additional, authorize changes in, or permit deviations from regulatory requirements. CBAACs are available electronically on the TC Web site, at: http://www.tc.gc.ca/eng/civilaviation/standards/commerce-circulars-menu-284.htm
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