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Transport Canada > Civil Aviation > Regulatory Services > Regulatory Affairs > Search Criteria for Exemptions

EXEMPTION FROM SECTION 549.01 OF THE CANADIAN AVIATION REGULATIONS AND CHAPTER 549 of THE AIRWORTHINESS MANUAL – AIRWORTHINESS STANDARDS - AMATEUR-BUILT AIRCRAFT

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 persons who apply for a special certificate of airworthiness in the amateur-built classification from the requirements of section 549.01 of the Canadian Aviation Regulations (CARs) and Chapter 549 of the Airworthiness Manual - Airworthiness Standards - Amateur-built Aircraft, subject to the requirements set out in Appendix A of this exemption.

  • Section 549.01 of the CARs stipulates that a person who intends to construct an aircraft and obtain, under paragraph 507.03(b), a special certificate of airworthiness in the amateur-built category in respect of the aircraft must
  1. before starting construction,
    1. inform the Minister of the intention to construct the aircraft,
    2. show that the aircraft design meets the standards specified in Chapter 549 of the Airworthiness Manual, and
    3. show that the major portion of the aircraft will be constructed from raw material and assembled on a non-commercial, non-production basis for educational or recreational purposes; and
  2. during construction and again before the first flight, make the aircraft available to the Minister for inspection.
  • Chapter 549 of the Airworthiness Manual - Airworthiness Standards - Amateur-built Aircraft sets out the design and construction standards, which an applicant shall meet to satisfy the Minister, that the aircraft is amateur-built, and the requirements for inspections, equipment and instruments, and operating information necessary to obtain a Special Certificate of Airworthiness for amateur-built aircraft.

Purpose

The purpose of this exemption is to permit persons who apply for a special certificate of airworthiness in the amateur-built classification:

  • to contract for professional assistance in the construction or assembly of parts of the aircraft, provided the work is subject to the builder’s overall control; and
  • to import, register and operate in Canada foreign-built amateur-aircraft, subject to a Transport Canada inspection of the aircraft.

Application

This exemption applies to persons who apply for a special certificate of airworthiness in the amateur-built classification.

Condition

This exemption is subject to the following condition:

Persons who apply for a special certificate of airworthiness in the amateur-built classification shall comply with the requirements of Appendix A to this exemption.

Validity

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

  1. EDT at midnight August 31, 2006;
  2. the date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations come into effect;
  3. the date on which the condition set out in this exempt is breached; or
  4. the date on which this exemption is cancelled in writing by the Minister where he or she is of the opinion it is no longer in the public interest, or is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada this 2nd day of February 2005 on behalf of the Minister of Transport.

Original Signed by Franz Reinhardt

for

Merlin Preuss
Director General
Civil Aviation

Attachment: Appendix A

 


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