MPL 10 - Construction of Canadian Amateur-built Aircraft outside of Canada

Subject: / Number: / MPL 10
Construction of Canadian Amateur-built Aircraft outside of Canada / Revision No: / 2
Number of Pages: / 4
File No:AARP-5009-0-10 / Issue Date: / November 14, 2001

1. PURPOSE

1.1 The purpose of this letter is to provide direction to MD-RA Inspection Services with respect to the inspection and issuance of a Special Certificate of Airworthiness - Amateur-built, in respect of Canadian amateur-built aircraft constructed outside of Canada.

2. Background

2.1 CAR 549 and STD 549 provide for Canadian citizens, living abroad and intending to resume permanent residence in Canada, to construct an amateur-built aircraft, enter it on the Canadian Civil Aircraft Register and obtain a Canadian flight authority for such an aircraft.

2.2 In the past, the Recreational Aircraft Division of the Aircraft Maintenance and Manufacturing Branch, made the arrangements for the inspections of the aircraft project, and issued the Special Certificate of Airworthiness - Amateur-built.

2.3 In conformity with the provisions of MPL 11 - Minister’s Delegate - Recreational Aviation, the responsibility for the processing of requests for inspection of Canadian amateur-built aircraft projects outside of the country, and the issuance of the initial flight authority has been transferred to MD-RA Inspection Services.

3. Policy Statement

3.1 Canadian citizens living abroad shall contact the local Foreign Civil Aviation Authority to establish that the latter will accept the amateur built aircraft category and the standards specified in STD 549 and to confirm that, once built, the aircraft will be eligible for operation in that country as a Canadian registered aircraft.

3.2 Canadian citizens living abroad shall submit the letter of intent required by STD 549 to MD-RA Inspection Services, at the following address:

MD-RA Inspection Services
2469 Aviation Lane
London, ON, N5V 3Z9
Toll Free: (877) 419-2111
Business: (519) 457-2909
Fax: (519) 457-0980

3.3 All requests for inspection shall be submitted to MD-RA Inspection Services.

3.4 MD-RA Inspection Services shall, on behalf of Transport Canada, make the official request for all inspections of the aircraft.

3.5 The inspections shall be carried out by one of the following persons, in order of precedence:

(a) an employee (aviation safety inspector, airworthiness inspector) of the foreign civil aviation authority (FCAA) of the country in which the amateur-built aircraft is being constructed, that is authorised by the FCAA to conduct inspections of amateur-built aircraft and is available to conduct such inspection;

(b) a representative of the foreign civil aviation authority (FCAA), of the country in which the amateur-built aircraft is being constructed, that has been delegated authority by the FCAA to conduct inspections of amateur-built aircraft and is available to conduct such inspection;

(c) a representative of a recreational aviation organisation of the country in which the amateur-built aircraft is being constructed, that has been delegated authority by the FCAA to conduct inspections of amateur-built aircraft and is available to conduct such inspection; and

(d) any other person that has been found acceptable to the Minister by the officer responsible for this Policy Letter to conduct inspections of amateur-built aircraft and is available to conduct such inspection.

3.6 At the time of a request for inspection, pre-closure/ pre-cover or final, the builder shall provide the following information to MD-RA Inspection Services:

(a) the identification of the amateur-built aircraft project, by type, model and serial number;

(b) the name and address of the person that will be conducting the inspection.

3.7 MD-RA Inspection Services shall, in the letter of request for inspection (see Appendix A), include a copy of the Inspection and Technical Information Record (inspection checksheet) and sufficient copies of the Amateur-built Inspection Report (observations sheet) for the purpose of conducting the requested inspection.

3.8 Following the completion of the final inspection, return of documents, confirmation by the builder that all discrepancies have been rectified, submission of the application for the flight authority and the remittance of fees by the builder, MD-RA Inspection Services shall process the application for a Special Certificate of Airworthiness - Amateur-built and shall issue the flight authority, upon confirmation that the aircraft has been registered and a Certificate of Registration has been issued by the Aircraft Registration and Leasing Division of the Transport Canada region in which the aircraft would normally have its base of operation.

3.9 MD-RA Inspection Services shall, at the time of issuance of the flight authority, include a covering letter that restates the operating conditions applicable to the operation of a Canadian-registered amateur-built aircraft in a foreign country (see Appendix B). The letter shall specifically identify the aircraft by make, model, serial number, nationality and registration marks, the foreign civil aviation authority, the country where the aircraft will be operated, and the minimum number of flight hours during which the initial operating conditions will be applicable.

4. Effective date

4.1 This policy comes into effect December 14, 2001.

5. Expiry

5.1 This policy expires upon amendment to the applicable Standards or November 14, 2003, whichever comes first.

6. HQ Contact

6.1 The responsible officer indicated below may be contacted for information regarding this MPL:

M. A. Simoneau, AARPG
Aircraft Maintenance & Manufacturing
E-mail:
Phone: (613) 990-9490
Facsimile: (613) 952-3298

D.B. Sherritt
Director,
Aircraft Maintenance and Manufacturing

APPENDIX A

LETTER OF REQUEST FOR INSPECTION

Subject: Inspection of Canadian Amateur-built Aircraft Project

Sir (Madam),

[Name of Builder], a Canadian citizen, is presently constructing an amateur-built aircraft, make ...... , model ...... , with the intention of entering the aircraft on the Canadian Civil Aircraft Register.

Section 549.01 of the Canadian Aviation Regulations states 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: (b) during construction and again before the first flight, make the aircraft available to the Minister for inspection”. [Name of Builder] has reached that stage of construction where his (her) project is ready for the pre-closure (final) inspection. It would be appreciated if you would inspect this aircraft on behalf of Transport Canada. It is our understanding that [Name of Builder] has been in contact with you with respect to this inspection.

We are attaching, for your use, a copy of the Inspection and Technical Information Record (inspection checksheet) and sufficient copies of the Amateur-built Inspection Report (observations sheets). Please use the Inspection and Technical Information Record for the inspection; observations or discrepancies are to be noted on the Amateur Built Aircraft Inspection Report. Upon the completion of the inspection, please provide [Name of Builder] with a photocopy of the Inspection and Technical Information Record and the white copy of the Amateur Built Aircraft Inspection Report(s); all other copies are to be returned to our office.

[Name of Builder] has in his (her) possession copies of the Canadian airworthiness standards relating to amateur-built aircraft construction. He (she) will be contacting you at a later date to arrange a convenient time for you to carry out the inspection of his (her) amateur-built aircraft.

Your cooperation in this matter is appreciated. Please note that any fees or charges associated with the above-requested inspection, if any, shall be the sole responsibility of [Name of Builder].

Sincerely,

[Name of Responsible MD-RA Official]

APPENDIX B

ISSUANCE OF SPECIAL CERTIFICATE OF AIRWORTHINESS - AMATEUR-BUILT

Covering letter:

Subject: Special Certificate of Airworthiness - Amateur-built -- C- .....

Sir (Madam),

Please find attached the original copy of the Special Certificate of Airworthiness - Amateur-built, issued in respect of aircraft make ...... , model ...... , serial number ...... , nationality and registration marks C-....., along with the Operating Conditions, dated ...... , that are part of the Special Certificate of Airworthiness - Amateur-built.

This aircraft has not been shown to meet with the International Civil Aviation Organisation airworthiness standards. Therefore, approval from the [Name of the Foreign Civil Aviation Authority] in the form of a special flight authorisation (validation) is required prior to operation of this aircraft in [Name of the Foreign Country]. Please contact the local foreign civil aviation authority office for the special flight authorisation. Pursuant to operating condition Number 1 of the Operating Conditions sheet, the [Name of the Foreign Civil Aviation Authority] is required to determine and specify in the special flight authorisation the geographical area within which the operations of your aircraft may be conducted.

Please note that the operating conditions that are part of the Special Certificate of Airworthiness - Amateur-built are in effect for a minimum period of (...) flight hours, as per the requirements of paragraph 4 of Appendix D to Standard 507. Pursuant to section 507.12 of the Canadian Aviation Regulations, modifications to the present operating conditions that are part of the flight authority can only be effected by Transport Canada. Following this initial period of operation, please contact the Transport Canada Regional Office in the region where the aircraft would be based while in Canada in order to get the operating conditions modified. The address and telephone number (Aircraft Maintenance & Manufacturing) can be found in the Aeronautical Information Publication (AIP Canada), in the General section.

Please remember that a special flight authorisation is required at all times when operating your Canadian-registered amateur-built aircraft in [Name of the Foreign Country].

Sincerely,

[Name of Responsible MD-RA Official]

Operating conditions:

The initial operating conditions to be endorsed on a Special C of A for amateur-built aircraft constructed outside of Canada shall be as follows:

(1) the aircraft shall only be operated within the geographical area determined and specified by [Name of Foreign Civil Aviation Authority], so as to afford the maximum level of safety possible;

(2) the aircraft shall not be operated outside the geographical area specified in Operating Condition Number 1 above, except with the written authorisation of [Name of Foreign Civil Aviation Authority].

(3) the aircraft shall not be flown over any built-up area or open-air assembly of persons;

(4) the carriage of persons other than for dual instruction is prohibited;

(5) aerobatic manoeuvres are prohibited;

(6) day VFR only;

(7) during the first 5 hours of flight, the aircraft can only be flown by pilots who have acquired not less than 100 hours of pilot-in-command on the same category of aircraft.

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