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  #1  
Old 01-05-2019, 07:42 PM
Bevan Bevan is offline
 
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Default CARs 549 and the exemption

In Canada, CARs Chapter 549 describes the rules for the Amateur-built category. It’s been a while and I’m tying to refresh my memory of 549 and the 549 exemption. Perhaps a thread dedicated to this exemption business would be good to have here for the future so its all in one place. Would anyone like to start off with the history of 549 and how/why the exemption came along and what it means exactly?

Further, it would seem to me the wording of the paragraph titled “Cancellation” at the bottom of the page (see the following link) is flawed. It says...

“The exemption from section 549.01 of the Canadian Aviation Regulations and Chapter 549 of the Airworthiness Manual - Airworthiness Standards - Amateur-built aircraft, issued to persons who apply for a special certificate of airworthiness in the amateur-built classification, on August 30, 2006 at Ottawa, Ontario by the Director General Civil Aviation on behalf of the Minister of Transport, is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.”

In short, it says “The exemption... is hereby cancelled”. Say what!??? See...

http://www.tc.gc.ca/CivilAviation/Re...cs/en/1963.htm

I welcome your thoughts.

Bevan
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  #2  
Old 01-05-2019, 08:54 PM
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rv6ejguy rv6ejguy is offline
 
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Jamie Alexander said he wasn't aware of any exemption being approved for many years. Does anyone know anyone who was granted one? Maybe it's been dispensed with altogether now.
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  #3  
Old 01-06-2019, 07:35 AM
kearney kearney is offline
 
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Location: Edmonton, Alberta, Canada
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Default Just the facts ma'am, just the facts

Quote:
Originally Posted by Bevan View Post

Further, it would seem to me the wording of the paragraph titled “Cancellation” at the bottom of the page (see the following link) is flawed. It says...

“The exemption from section 549.01 of the Canadian Aviation Regulations and Chapter 549 of the Airworthiness Manual - Airworthiness Standards - Amateur-built aircraft, issued to persons who apply for a special certificate of airworthiness in the amateur-built classification, on August 30, 2006 at Ottawa, Ontario by the Director General Civil Aviation on behalf of the Minister of Transport, is hereby canceled because it is the opinion of the Minister that it is no longer in the public interest or is likely to affect aviation safety.”

In short, it says “The exemption... is hereby cancelled”. Say what!??? See...

http://www.tc.gc.ca/CivilAviation/Re...cs/en/1963.htm

I welcome your thoughts.

Bevan
Hi.

The Exemption document actually does make sense in that THE CURRENT VERSION was issued in 2009. The current version also contains a cancellation notice for the version issued in 2006. Without the cancellation, there would be two versions in force concurrently.

Cheers

Les
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  #4  
Old 01-06-2019, 07:40 AM
kearney kearney is offline
 
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Location: Edmonton, Alberta, Canada
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Default Just the facts ma'am, just the facts

Quote:
Originally Posted by rv6ejguy View Post
Jamie Alexander said he wasn't aware of any exemption being approved for many years. Does anyone know anyone who was granted one? Maybe it's been dispensed with altogether now.
Ross

I am wondering if the word "exemption" is misleading. are you referring to an exemption to one or more requirements of the EXEMPTION TO CARS 549?

If that is the case, I think it likely that MDRA has never approved a departure from the CARS 549 EXEMPTION. That is, as I understand it, beyond their authority. Any relief from the requirements of the CARS (of any nature) would require approval from Transport Canada. And that, as I understand it, could take a long time to get (if at all).

Cheers

Les
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  #5  
Old 01-06-2019, 09:42 AM
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Snowflake Snowflake is offline
 
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The exemption has been used many times in the last 10 years to import amateur-built aircraft from the US. I imported mine in 2010, and have counselled others since then on importing their own using the same process.
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  #6  
Old 01-06-2019, 10:03 AM
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rv6ejguy rv6ejguy is offline
 
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Interesting. All US planes imported around here needed to have gascolators fitted before the inspection process could be completed if that's what we are talking about here.
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  #7  
Old 01-06-2019, 10:07 AM
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Snowflake Snowflake is offline
 
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Ross, that is my understanding as well. Mine thankfully was built with one, so I didn't have to add it.
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  #8  
Old 01-06-2019, 02:52 PM
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llavalle llavalle is offline
 
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Just to clarify - there are 3 documents here :

A) Canadian Aviation Regulations Section 549
This is a very small text saying that you need to do a letter of intent, follow the AWM Chapter 549, do most of the work (major portion) and have inspections during construction and before the first flight.

B) Chapter 549 of the Airworthiness Manual
Not to be confused with the one above. Happens to have the same number but is an exhaustive list of mandated equipment, max wing load, minimum engine power, log books, maintenance, etc.

C) Exemption of Section 549.01 of the CARs and Chapter 549 of the Airworthiness Manual

When dealing with MD-RA, we now have 2 choices stating that the project :
1) Will meet the requirements as specified in Chapter 549 of the Airworthiness Manual, (AWM).
or
2) Will meet the requirements as specified in the "Exemption from Section 549.01 of the Canadian Aviation Regulations, (CAR’s) and Chapter 549 of the AWM"

So you need to pick :
1)You can use CARs 549.01 + AWM Chapter 549 (A+B)
2)Exemption of both documents (C which replaces A & B)

My current understanding of the differences :
  1. Placards + identification plates aren't the same
  2. Max number of seats (AWM = max 4)
  3. Builder assistance (not allowed with AWM)
  4. Minimum equipment list isn't the same (AWM mandates a Gascolator)

In fact, there's a "purpose" section in the Exemption that states :

Quote:
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;
-to import, register and operate in Canada foreign-built amateur-aircraft, subject to a Transport Canada inspection of the aircraft; and
-to not have to comply with the maximum permissible take-off mass (weight) and the maximum number of passenger seats requirements.
Importing an amateur build aircraft? Using professional help? Have a 6 seater? You NEED to use option C because you aren't compliant to A+B.

If I understand everything correctly, it means that my -12iS project built exactly to plan (by myself) except for the addition of a gascolator can be built and get a CofA-AB (Certificate of Airworthiness, Amateur-Built) with either one of the 2 "rules".

It would comply with Section 549.01 of the CARs, Chapter 549 of the AWM and also comply with the single document that is the exemption to both of those. So basically "A+B+C".

Which one should I pick? very good question, I'll need to read every document exhaustively, do the wing loading, weight and HP calculation then pick my "favorite" I guess?

I think I need a call with MD-RA
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Last edited by llavalle : 01-06-2019 at 02:55 PM. Reason: added more info
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  #9  
Old 01-06-2019, 05:19 PM
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rv6ejguy rv6ejguy is offline
 
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Quote:
Originally Posted by kearney View Post
Ross


If that is the case, I think it likely that MDRA has never approved a departure from the CARS 549 EXEMPTION. That is, as I understand it, beyond their authority. Any relief from the requirements of the CARS (of any nature) would require approval from Transport Canada. And that, as I understand it, could take a long time to get (if at all).

Cheers

Les
I believe this is what Jaime was referring to. Let's remember that MDRA does the majority of all initial inspections for new builds and that while there is a checklist to follow, some latitude of interpretation for compliance of each point is in the hands of each inspector. Jaime specifically said that certain things that follow the intent of the regs have been approved if not right to the letter of the law. TC doesn't care much about the homebuilt world until something goes wrong and they maybe see then that something wasn't complied with in their eyes.
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Turbo Subaru EJ22, SDS EFI, Marcotte M-300, IVO, RV6A C-GVZX flying from CYBW since 2003- 431.1 hrs. on the Hobbs,
RV10 95% built- Sold 2016
http://www.sdsefi.com/aircraft.html
http://sdsefi.com/cpi2.htm


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  #10  
Old 01-07-2019, 07:58 AM
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Snowflake Snowflake is offline
 
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Quote:
Originally Posted by llavalle View Post
In fact, there's a "purpose" section in the Exemption...
Quote:
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;
-to import, register and operate in Canada foreign-built amateur-aircraft, subject to a Transport Canada inspection of the aircraft; and
-to not have to comply with the maximum permissible take-off mass (weight) and the maximum number of passenger seats requirements.
Which one should I pick? very good question, I'll need to read every document exhaustively, do the wing loading, weight and HP calculation then pick my "favorite" I guess?
Go back and read the "purpose" again. You're not contracting outside work, importing from the US, or changing number of seats or GW. The *intent* of the exemption is clear, it doesn't apply to someone building a stock kit.

That said, I know people are claiming the exemption to build stock kits, and MD-RA is going with it. I don't know why, it seems like a fair bit of paperwork just to be allowed to use small letters on your warning placards.
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