Exemption 623.38

EXEMPTION FROM SUBPARAGRAPH 623.38 (D)(2)(a) OF THE SPECIAL FLIGHT OPERATIONS STANDARDS MADE PURSANT TO SECTION 603.38 OF THE CANADIAN AVIATION REGULATIONS

Pursuant to Subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt persons conducting parachute descents over or into a built-up area or an open-air assembly of persons, from the requirements set out in subparagraph 623.38(D)(2)(a) of the Special Flight Operations Standards made pursuant to section 603.38 of the Canadian Aviation Regulations (CARs), subject to the conditions set out below.

Subparagraph 623.38(D)(2)(a) requires that each parachutist wear a single harness dual parachute pack, having at least one main parachute and one approved reserve parachute when  conducting a parachute descent over or into a built-up area or over or into an open-air assembly of persons.

PURPOSE

The purpose of this exemption is to permit the use of a dual harness, dual parachute pack parachute, commonly referred to as a tandem parachute, when conducting parachute descents over or into a built-up area or an open-air assembly of persons.

APPLICATION

This exemption applies to parachutists conducting parachute descents over or into a built-up area or an open-air assembly of persons.

INTERPRETATION

For the purpose of this exemption, a certificated parachute rigger means a person who holds a valid certificate issued by:

  1. The Canadian Sport Parachuting Association (CSPA);
  2. The Canadian Associates of Professional Skydivers (CAPS);
  3. The Federal Aviation Administration (FAA); or
  4. A valid equivalent rating issued by a national organization other than the CSPA or CAPS that has been approved in writing by Transport Canada.

CONDITION

This exemption is subject to the following conditions:

1.  Each parachutist shall wear a single harness dual parachute pack, having      at least one main parachute and one approved reserve parachute or a      tandem parachute, having at least one main parachute and one approved      reserve parachute.

2.  When a tandem parachute is used:

  1. Each parachutist shall hold one of the following:
    1. a valid Canadian Sport Parachuting Association (CSPA) Exhibition Jump Rating (EJR);
    2. a valid Canadian Associates of Professional Skydivers (CAPS) Demonstration Endorsement;
    3. a valid United States Parachute Association (USPA) Pro Rating; or
    4. a valid equivalent rating issued by a national parachute organization other than the CSPA, CAPS or USPA, that has been approved in writing by Transport Canada.

b.The “pilot” of the tandem parachute shall be appropriately trained and rated for use of the tandem parachute by the parachute manufacturer or by a national parachute organization; and

c. The “passenger” of the tandem parachute shall hold a valid license or certificate issued by a national parachute organization referred to in 2(a).

3.  A tandem parachute used to make a descent shall be maintained and      operated in accordance with the manufacturer’s instructions and      recommendations and unless otherwise instructed or recommended by      the manufacturer:

  1. The main parachute canopy shall be packed by the person making the parachute descent, or a certificated parachute rigger, within 180 days of the parachute descent;

  2. The reserve parachute canopy shall be packed by a certificated and appropriately rated parachute rigger within 180 days of the parachute descent.

4.  Both the main and reserve parachutes shall be “RAM-AIR” type canopies.

5.  The main canopy used by a parachutist shall meet the performance      characteristics and wing loading of the parachute on which he or she      qualified through a national parachute organization referred to in 2(a).

VALIDITY

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

  1. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations and related standards comes into effect;

  2. the date on which any condition set out in this exemption is breached; or

  3. 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, Canada, this 31 sh day of May, 2006 on behalf of the Minister of Transport, Infrastructure and Communities.

Manzur Huq
Director
General Aviation

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