Regulations and You
- Issue 3/2010
- Copyright and Credits
- Guest Editorial
- Vitorio Stana: 2010 Transport Canada Aviation Safety Award Recipient
- To the Letter
- Flight Operations
- Feature: Creating a Picture of Risk
- Maintenance and Certification
- Recently Released TSB Reports
- Reflections After an Accident
- Accident Synopses
- Regulations and You
- Debrief: Take 2 on Helicopter Helmets: Todd’s Story
- FLYING ON BOARD SEAPLANES/FLOATPLANES (poster)
- Take Five: Underwater Egress
- Full HTML Version
- PDF Version
by Jean-François Mathieu, LL.B., Chief, Aviation Enforcement, Standards, Civil Aviation, Transport Canada
Legislative provisions may be enabling, administrative, informative or offence-creating. Only the latter—offence-creating provisions—can be subject to enforcement actions. There are two types of offence-creating provisions: those that mandate a certain form of conduct and those that prohibit certain conduct. Offence-creating provisions are easy to recognize because they contain words such as “no person shall”, “an operator shall”, and “the pilot-in-command shall”. Non-compliance with these provisions is a violation that can result in judicial or administrative enforcement action.
There are two types of deterrent actions: judicial and administrative. Judicial action involves the prosecution of an alleged offender in the criminal courts and is applicable to only a few provisions of the Aeronautics Act and the Canadian Aviation Regulations (CARs). Administrative penalties are the measures that may be assessed by the Minister pursuant to the provisions of the Aeronautics Act and include assessment of monetary penalties and the suspension of documents. There are over 1 200 offence-creating provisions in the CARs, the violation of which can result in an administrative penalty.
The Aviation Enforcement Division conducts over 2 000 investigations annually, some of which result in penalties being issued to individuals and corporations in the aviation community. Over the years, the Aviation Enforcement Division has noticed that only a few of these offence-creating provisions are contravened on a regular basis. Knowing which regulations are contravened most often may increase awareness of the regulations and the risks associated with them, motivating individuals and corporations to avoid these violations and sometimes-costly penalties in the future. The 10 most frequently contravened regulations, in descending order, are as follows:
- CAR 602.31(1): failure of the PIC
(a) to comply with an acknowledge ATC instructions directed to and received by the PIC,
(b) to comply with clearances received and accepted by the PIC
- CAR 602.01: to operate an aircraft in a reckless or negligent manner
- CAR 605.03(1): to take-off when
(a) flight authority is not valid,
(b) the conditions set out in flight authority have not been met and
(c) flight authority is not carried on board
- CAR 602.14(2): to operate an aircraft
(a) over built-up area/open-air assembly of people at less than the specified height,
(b) elsewhere at a distance of less than 500 ft from an object/person
- CAR 606.02(8): to operate a private aircraft without prescribed liability insurance
- CAR 601.04(2): to operate in Class “F” Special-Use Restricted airspace without authorization
- CAR 605.94(1): failure of the responsible person to make specified entries in the journey log
- CAR 700.02(1): to operate an air transport service without an air operator certificate (AOC)
- CAR 602.96(3): failure of PIC operating at/in the vicinity of an aerodrome to:
(a) observe traffic to avoid collision,
(b) conform with/avoid pattern of other aircraft,
(c) make all turns to the left unless specific in CFS or by ATC,
(d) comply with any airport operating restrictions specified in CFS,
(e) land/take-off into wind,
(f) maintain continuous listening watch on appropriate frequencies/keep watch for visual signals,
(g) obtain clearance to taxi, take-off and land when aerodrome is controlled
- CAR 601.08(1): to enter Class C airspace VFR without having received a clearance prior to entering
Another available option of deterrent action is “oral counselling”. When Civil Aviation safety inspectors detect a violation, they are to exercise their delegated authority to make decisions with respect to the contravention. All available facts should be considered in order to determine whether oral counselling would be appropriate to promote compliance from the alleged offender in the future. This action may be used to provide the alleged offender with the knowledge required for future compliance.
Where violations may have a more serious impact on safety, they will be addressed either by the assessment of a monetary penalty or by suspension of the offender’s Canadian aviation document (CAD). Suspension of the CAD is appropriate when a monetary penalty is considered insufficient to achieve compliance or the document holder is a repeat offender against whom monetary penalties have previously been assessed. Some of these violations could have been avoided if individuals and corporations had a better understanding of the regulations and if pilots carried out proper flight-planning procedures, paid extra attention to detail, and used common sense and good airmanship.
The Aviation Enforcement Division encourages and promotes voluntary compliance with Canada’s aeronautics legislation and is committed to enforcing the regulations in a fair and firm manner.
Have a safe flight!
by Mike Treskin, Civil Aviation Safety Inspector, Transport Canada, Ontario Region
Transport Canada (TC) has noticed an alarming number of aircraft not following the recommended visual flight rules (VFR) procedure in CYR 518, a restricted area located in the vicinity of Niagara Falls, Ont., and outlined by a chart in the Canada Flight Supplement (CFS). CYR 518 is located over the Canadian side of the Niagara River, overlaying the Falls. The zone extends from the ground up to but not including 3 500 ft above sea level (ASL)—approximately 3 000 ft above ground level (AGL). A racetrack pattern is published for all air traffic wanting to fly above (at or over 3 500 ft) the restricted area and view the Falls.
There are two entry points and two exit points that are clearly marked on the chart. Many fixed- and rotary-wing commercial operators fly inside CYR 518 with authorization from TC to transport sightseeing passengers to view the Falls. These operators all have pre-established flight paths and altitudes that they must follow to operate in a safe manner. There is an air-to-air frequency (122.050) on which advisory calls are made to ensure that everyone is on the same page. Calls should be made upon entry, indicating through which entrance point the aircraft is flying and its intentions (i.e. how many circuits it will complete, its speed, and more importantly, its altitude).
Probably the most important factor to remember is that this is a VFR procedure, which means that aircraft must “SEE AND BE SEEN”. Pilots are responsible for their own separation. All pilots wanting to view the Falls must follow the recommended published circuit as accurately as they can and maintain a very good look-out for other aircraft at all times.
This procedure must be followed at 3 500 ft and above. Any dipping below 3 500 ft is an airspace violation and could result in TC enforcement action. It is highly recommended that pilots enter and exit at these recommended points even if they are coming in for a quick fly-by. Remember, this area is extremely congested with all sorts of aircraft, big and small. Pilots must keep their eyes open and remember to broadcast their intentions.
Most importantly, pilots should review attentively the recommended procedures for CYR 518 in the CFS before their flight, then enjoy the sights and colours of the Falls!
NOT FOR NAVIGATION
Restricted area CYR 518 as depicted in the CFS. (Source: NAV CANADA)