Accessible Transportation for Persons with Disabilities Regulations

Marginal note:Pre-existing aircraft

• 66 (1) Subject to subsections (2) and (3), the provisions of this Division, except sections 72, 73, 76 and 81, do not apply to a pre-existing aircraft.

• Marginal note:Clarification — portable equipment

  (2) Sections 69 to 71 apply to a pre-existing aircraft with respect to any lift, ramp or stairs that are portable and not integrated with the pre-existing aircraft.

• Marginal note:Modifications

  (3) If a carrier makes a modification — other than a modification to a mechanical, electrical or plumbing system or a modification carried out for an aesthetic purpose or for maintenance or repair — to any amenity or equipment that is used in a pre-existing aircraft, the carrier must ensure that the modified amenity or equipment meets the requirements of this Division, except in the following circumstances:

  • (a) the dimensions of the aircraft or of the amenity or equipment are unalterable;

  • (b) the structural integrity or safe operation of the aircraft or of the amenity or equipment would be materially affected;

  • (c) the principal purpose of the amenity or equipment would be fundamentally altered; or

  • (d) a compliant amenity or equipment could not be certified for installation on the aircraft.

• Marginal note:Definition of pre-existing aircraft

  (4) In this section, a pre-existing aircraft means an aircraft that was

  • (a) purchased or leased by the carrier before the day on which this section comes into force; or

  • (b) purchased or leased by the carrier on or after the day on which this section comes into force, if the carrier submitted the call for tenders in respect of that aircraft before that day.