exemption from appendix f to chapter 507 of the airworthiness

advertisement
Control Number: 052- 2010
Exemption: RDIMS # 5880251
Assessment: RDIMS # 5880263
SEA: RDIMS # 5893225
EXEMPTION FROM PARAGRAPH 201.01(4)(a)
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 a person who manufactures an aircraft, a person who owns an aircraft that
obtains an authorization to attach an aircraft identification plate or a person who
operates an aircraft in flight, from having to attach or have attached an aircraft
identification plate that has the name of the manufacturer (currently defined to be the holder
of a type certificate for an aeronautical product) permanently etched, engraved or stamped
on it, as required by paragraph 201.01(4)(a) of the CARs, subject to the following
condition.
The requirements of section 201.01 of the CARs and the current definition of
“manufacturer” are detailed in Appendix A to this exemption.
PURPOSE
In the majority of cases throughout the CARs and related standards, the term
“manufacturer” is used when in fact “type certificate holder” is implied. Thus, the purpose
of this exemption is to exempt a person who manufactures an aircraft, a person who owns
an aircraft that obtains an authorization to attach an aircraft identification plate or a person
who operates an aircraft in flight from paragraph 201.01(4)(a) of the CARs. This
exemption is implementing the regulatory intent of NPA 2004-087.
By doing so, the administrative burden of having to re-identify the manufacturer (currently
defined as being the holder of a type certificate for an aeronautical product) on the aircraft
identification plate upon change of type certificate ownership or upon a request to install an
aircraft identification plate, is alleviated.
This exemption also permits aircraft identification plates for new aircraft to be marked with
the name of the “maker of the aeronautical product” in lieu of the holder of the aircraft type
certificate.
APPLICATION
This exemption applies to a person who manufactures an aircraft, a person who owns an
aircraft that obtains an authorization to attach an aircraft identification plate or a person
who operates an aircraft in flight.
The operators of aircraft will not be required to amend their aircraft identification plate, in
order to reflect a new holder of the aircraft type certificate.
Page 1 of 4
Control Number: 052- 2010
Exemption: RDIMS # 5880251
Assessment: RDIMS # 5880263
SEA: RDIMS # 5893225
CONDITIONS
Where the identification of the “manufacturer” is required pursuant to subsection
201.01(4), of the CARs the name of the “maker of the aeronautical product” must be used.
VALIDITY
This exemption will be in effect from August 1, 2010 at 00:01 EST until the earliest of the
following:
(a) January 31st, 2012 at 23:59 EDT;
(b) the date on which an amendment modifying the interpretation of “manufacturer”
under CAR 101.01 comes into effect;
(c) the date on which any of the conditions set out in this exemption is breached; 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 is likely to affect aviation
safety.
Dated at Ottawa, Ontario, Canada this 28 day of July 2010 on behalf of the Minister of
Transport.
Original signed by Nicole Girard for
Martin J. Eley
Director General
Civil Aviation
Page 2 of 4
Control Number: 052- 2010
Exemption: RDIMS # 5880251
Assessment: RDIMS # 5880263
SEA: RDIMS # 5893225
Appendix A
CANADIAN AVIATION REGULATIONS
Aircraft Identification Plates
201.01(1) Except for an aircraft that is operated pursuant to an authorization issued under
subsection 202.14(1), no person shall operate an aircraft in flight unless there is an aircraft
identification plate attached to the aircraft in accordance with this Subpart.
(2) Subject to subsection (3), where a person manufactures an aircraft or is an aircraft
owner that obtains an authorization referred to in subsection (6), the manufacturer or
aircraft owner, as the case may be, shall attach to the aircraft an aircraft identification plate
that contains the information required by subsection (4)
(a) in the case of an aircraft other than an ultra-light aeroplane or a balloon, to the
structure of the aircraft in a place where it is visible to a person on the ground or to
a person at the main entrance or rearmost entrance door;
(b) in the case of an ultra-light aeroplane, in a position near the pilot seat where it is
readily visible; and
(c) in the case of a balloon, to the lower or upper girdle of the envelope in a place
where it is readily visible prior to inflation.
(3) Where the configuration of an aircraft precludes the attachment of an aircraft
identification plate in a location specified in subsection (2), the Minister shall, on
application in writing by the manufacturer or owner of the aircraft, authorize an alternative
location for the attachment of the aircraft identification plate.
(4) An aircraft identification plate attached to an aircraft shall have the following
information permanently etched, engraved or stamped on it, namely,
(a) the name of the manufacturer and, if the manufacturer is an entity, its legal
name;
(b) the manufacturer's model designation described in the type certificate or
equivalent document;
(c) the type certificate number or equivalent designation, if applicable; and
(d) the aircraft serial number.
(5) Where an aircraft does not have an aircraft identification plate, the owner of the aircraft
shall submit an application in writing to the Minister, including evidence that establishes
the identity of the aircraft, for authorization to attach an aircraft identification plate to the
aircraft.
(6) On receipt of an application submitted in accordance with subsection (5) that includes
evidence that establishes the identity of the aircraft, the Minister shall issue a written
Page 3 of 4
Control Number: 052- 2010
Exemption: RDIMS # 5880251
Assessment: RDIMS # 5880263
SEA: RDIMS # 5893225
authorization to the owner that permits the owner to attach an aircraft identification plate to
the aircraft.
(7) Where an authorization is issued by the Minister pursuant to subsection (6), the owner
of the aircraft shall attach an aircraft identification plate to the aircraft in accordance with
subsection (2) or (3), as applicable.
*******
CAR 101.01(1) In these Regulations:
…
"manufacturer" - means the holder of a type certificate for an aeronautical product or,
where no type certificate has been issued by the Minister, the maker of the aeronautical
product; (constructeur)
*******
NPA 2004-087 [FINAL VERSION]
New text
Aeronautical Products
Aircraft Identification Plates
201.01
(4) An aircraft identification plate attached to an aircraft shall have include the following
information permanently etched, engraved or stamped on it, namely,
(a) the legal name of the manufacturer, at the time of manufacture and, if the
manufacturer is an entity, its legal name;
(amended 2000/12/01; previous version)
(b) the manufacturer’s model designation described identified in the type certificate or
equivalent document;
(c) the type certificate number or equivalent designation, if applicable;
the aircraft serial number
Page 4 of 4
Download