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Canadian Aviation Regulations

Version of section 401.05 from 2014-05-29 to 2019-06-13:

  •  (1) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit, licence or rating, other than the holder of a flight engineer licence, shall exercise the privileges of the permit, licence or rating unless

    • (a) the holder has acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight; or

    • (b) within the 12 months preceding the flight

      • (i) the holder has completed a flight review, in accordance with the personnel licensing standards, conducted by the holder of a flight instructor rating for the same category of aircraft,

      • (ii) the flight instructor who conducted the flight review has certified in the holder’s personal log that the holder meets the skill requirements for the issuance of the permit or licence set out in the personnel licensing standards, and

      • (iii) the holder has successfully completed the appropriate examination specified in the personnel licensing standards.

  • (2) Notwithstanding any other provision of this Subpart, no holder of a flight crew permit or licence, other than the holder of a flight engineer licence, shall exercise the privileges of the permit or licence in an aircraft unless the holder

    • (a) has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and

    • (b) where a passenger other than a flight test examiner designated by the Minister is carried on board the aircraft, has completed, within the six months preceding the flight,

      • (i) in the case of an aircraft other than a glider or a balloon, in the same category and class of aircraft as the aircraft, or in a Level B, C or D simulator of the same category and class as the aircraft, at least

        • (A) five night or day take-offs and five night or day landings, if the flight is conducted wholly by day, or

        • (B) five night take-offs and five night landings, if the flight is conducted wholly or partly by night,

      • (ii) in the case of a glider, at least

        • (A) five take-offs and five landings in a glider, or

        • (B) two take-offs and two landings in a glider with the holder of a flight instructor rating — glider and obtained a certification of competence to carry passengers on board a glider from that holder in accordance with the personnel licensing standards, and

      • (iii) in the case of a balloon, at least

        • (A) five landings in a balloon by day and five take-offs in a balloon by day or night, if the flight is conducted by day, or

        • (B) five landings in a balloon by day and five take-offs in a balloon by night, if the flight is conducted partly by night.

  • (3) No holder of an instrument rating shall exercise the privileges referred to in section 401.47 unless the holder has

    • (a) within the 12 months preceding the flight, successfully completed an instrument rating flight test in an aircraft or in a Level B, C or D simulator of the same group as the aircraft;

    • (b) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, or in a Level B, C or D simulator of the same category as the aircraft or in a flight training device under the supervision of a person who holds the qualifications referred to in subsection 425.21(9) of the Personnel Licensing and Training Standards respecting Flight Training;

    • (c) within the six months preceding the flight, acquired six hours of instrument time and completed six instrument approaches to the minima specified in the Canada Air Pilot in an aircraft, in actual or simulated instrument meteorological conditions, while acting as a flight instructor conducting training in respect of the endorsement of a flight crew licence or permit with an instrument rating; or

    • (d) successfully completed, for an aircraft, a competency check or pilot proficiency check for which the validity period has not expired and that included the instrument procedures portion of

      • (i) the Flight Test Guide — Competency Check (Private Operators), published by the Minister, in respect of aircraft operated under Subpart 4 of Part VI, and

      • (ii) the following schedules to the Commercial Air Services Standards in respect of the corresponding aircraft operated under Subparts 2 to 5 of Part VII:

        • (A) Schedule I to Standard 722 — Aerial Work in respect of aeroplanes operated under Subpart 2,

        • (B) Schedule II to Standard 722 — Aerial Work in respect of helicopters operated under Subpart 2,

        • (C) Schedule I to section 723.88 of Standard 723 — Air Taxi — Aeroplanes in respect of aeroplanes operated under Subpart 3,

        • (D) the schedule to section 723.88 of Standard 723 — Air Taxi — Helicopters in respect of helicopters operated under Subpart 3,

        • (E) Schedule I or II to section 724.108 of Standard 724 — Commuter Operations — Aeroplanes in respect of aeroplanes operated under Subpart 4,

        • (F) the Helicopter Schedule to section 724.108 of Standard 724 — Commuter Operations — Helicopters in respect of helicopters operated under Subpart 4, or

        • (G) Schedule I, II or III to section 725.106 of Standard 725 — Airline Operations — Aeroplanes in respect of aeroplanes operated under Subpart 5.

  • (4) No holder of a flight engineer licence shall exercise the privileges set out in section 401.37 unless

    • (a) the holder has acted as flight engineer on board an aircraft within the five years preceding the flight or has met the written examination requirements for the licence within the 12 months preceding the flight; and

    • (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as flight engineer

      • (i) in an aircraft of the same type, or

      • (ii) in a synthetic flight trainer for an aircraft of the same type.

  • (5) No holder of a second officer rating shall exercise the privileges set out in section 401.53 unless

    • (a) the holder has acted as a second officer on board an aircraft within the five years preceding the flight; and

    • (b) where a passenger or a trainee is carried on board the aircraft, the holder has, within the six months preceding the flight, acted as a second officer in

      • (i) an aircraft of the same type, or

      • (ii) a synthetic flight trainer for an aircraft of the same type.

  • (6) No holder of a flight instructor rating — ultra-light aeroplane shall exercise the privileges set out in section 401.88 unless

    • (a) the holder has

      • (i) acted as pilot-in-command or co-pilot of an aircraft within the five years preceding the flight, or

      • (ii) met the written examination requirements for the rating within the 12 months preceding the flight;

    • (b) the holder has successfully completed a recurrent training program in accordance with the personnel licensing standards within the 24 months preceding the flight; and

    • (c) the holder has, where a student is carried on board the aeroplane, completed at least five take-offs and five landings in an ultra-light aeroplane of the same control configuration within the six months preceding the flight.

  • SOR/2001-49, s. 5
  • SOR/2011-284, s. 3
  • SOR/2014-131, s. 9

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