605.42 (1) Subject to subsection (2), no operator shall operate a turbine-powered aeroplane that has a seating configuration, excluding pilot seats, of six or more, unless the aeroplane is equipped with an operative TAWS that
(a) meets the requirements for Class A or Class B equipment set out in CAN-TSO-C151b;
(b) meets, effective on the day that is five years after the day on which this section comes into force, the altitude accuracy requirements set out in section 551.102 of Chapter 551 of the Airworthiness Manual; and
(c) has a terrain and airport database compatible with the area of operation.
(2) The operator may operate the aeroplane without its being equipped with an operative TAWS if
(a) the aeroplane is operated in day VFR only;
(b) in the event that a minimum equipment list has not been approved by the Minister and subject to subsection 605.08(1), the operation takes place within the three days after the day on which the failure of the TAWS occurs; or
(c) it is necessary for the pilot-in-command to deactivate, in the interests of aviation safety, the TAWS or any of its modes and the pilot-in-command does so in accordance with the aircraft flight manual, aircraft operating manual, flight manual supplement or minimum equipment list.
(3) This section does not apply in respect of aeroplanes manufactured on or before the day on which this section comes into force until the day that is two years after that day.
- SOR/2012-136, s. 10.
Division III — Aircraft Maintenance Requirements
Aircraft Maintenance — General
605.84 (1) Subject to subsections (3) and (4), no person shall conduct a take-off or permit a take-off to be conducted in an aircraft that is in the legal custody and control of the person, other than an aircraft operated under a special certificate of airworthiness in the owner-maintenance or amateur-built classification, unless the aircraft
(a) is maintained in accordance with any airworthiness limitations applicable to the aircraft type design;
(b) meets the requirements of any airworthiness directive issued under section 521.427; and
(c) except as provided in subsection (2), meets the requirements of any notices that are equivalent to airworthiness directives and that are issued by
(i) the competent authority of the foreign state that, at the time the notice was issued, is responsible for the type certification of the aircraft, engine, propeller or appliance, or
(ii) for an aeronautical product in respect of which no type certificate has been issued, the competent authority of the foreign state that manufactured the aeronautical product.
(2) In the case of a conflict between an airworthiness directive issued by the Minister under section 521.427 and a foreign notice, the airworthiness directive prevails.
(3) The Minister shall exempt the owner of a Canadian aircraft from the requirement to comply with all or part of an airworthiness directive, subject to appropriate conditions relating to aviation safety, as specified in Appendix H of the Aircraft Equipment and Maintenance Standards, where the owner demonstrates to the Minister that
(a) under circumstances specified in the exemption request, compliance is impractical or unnecessary; and
(b) the exemption will provide a level of safety that is equivalent to that required by the airworthiness directive.
(4) The Minister shall approve an alternative means of compliance with an airworthiness directive, for reasons set out in the approval, where the Minister is satisfied that the proposed alternative will maintain the level of safety that is provided for by the compliance time, the modification, the restriction, the replacement, the special inspection or the procedure set out in the airworthiness directive.
- SOR/2000-389, s. 1;
- SOR/2002-112, s. 13;
- SOR/2009-280, s. 35.
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