Policy Letter 173

Exemption from subparagraphs 705.106(1)(b)(i) and (ii),
of the Canadian Aviation Regulations

Whereas Canadian air operators and persons acting as pilot-in-command or second-in-command wish to participate in a Mixed Fleet Flying program (hereinafter MFF program) and amend their company operations manual, with the approval of Transport Canada Civil Aviation, to introduce the procedures by which the conditions of this exemption will be met:

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 Canadian air operators and persons acting as pilot-in-command or second-in-command, operating a base aeroplane and one or more variants of the same type, common type or different type under an approved MFF program as set out in the air operator's company operations manual from the requirements of subparagraphs 705.106(1)(b)(i) and (ii), of the Canadian Aviation Regulations (CARs) subject to the conditions of this exemption.

The details of the above provisions are attached at Appendix A.

PURPOSE

The purpose of this exemption is to allow Canadian air operators and persons acting as pilot-in-command or second-in-command to operate a base aeroplane and one or more variants of the same type, common type or different type under an approved MFF program after complying with the requirements of a Transition program, in order to provide relief for 90 day pilot qualification requirements on the applicable aeroplane type(s) intended to be operated between training and checking events.

APPLICATION

This exemption applies to Canadian air operators and persons acting as pilot-in-command or second-in-command operating pursuant to subpart 705 of the CARs who operate a base aeroplane and one or more variants of the same type, common type or different type between training and checking events under an approved MFF program.

CONDITIONS

This exemption is subject to the following conditions:

  1. An air operator's Mixed Fleet Flying program shall be submitted to the Minister for approval
     
  2. An air operator and a person acting as pilot-in-command or second-in-command operating one or more aeroplane under an approved Mixed Fleet Flying program shall meet the requirements of an approved Transition program;
     
  3. An air operator may permit a person to act, and a person may act as a pilot-in-command or second-in-command, under an approved MFF program involving a base aeroplane and one or more variants of the same type, common type or different type, provided the person complies with an alternate currency plan, based on the recommendations of the most recent revision of the applicable operational evaluation board report available for the base aeroplane type and the applicable variant(s) of the same type, common type or different type; and
     
  4. The procedures by which an air operator and the person acting as pilot-in-command or second-in-command will meet the conditions of this exemption based on the most recent recommendations of the applicable operational evaluation board report shall be detailed in the company operations manual.

VALIDITY

This exemption is in effect until the earliest of:

(a)  24:00 EST on August 1st, 2007;

(b)  The date on which any condition set out in the exemption is breached;

(c)  The date on which an amendment to the appropriate provisions of the CARs or related standards comes into effect; or

(d)  The date on which this exemption is cancelled in writing by the Minister where he is of the opinion that it is no longer in the public interest, or that it is likely to affect aviation safety.

DATED at Ottawa, (Ontario) this 25th day of July 2005, on behalf of the Minister of Transport.

Hard copy signed by Jennifer Taylor for:

Merlin Preuss
Director General
Civil Aviation

Annex A

705.106 (1)  Subject to subsection (3), no air operator shall permit a person to act and no person shall act as the pilot-in-command, second-in-command or cruise relief pilot of an aircraft unless the person

  1. ...
     
  2. Within the previous 90 days,
     
    1. has completed at least three take-offs and three landings as the pilot at the controls and one sector assigned to duty as a flight crew member in an aircraft of that type,
       
    2. has completed five sectors assigned to duty as a flight crew member in an aircraft of that type
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