Notice of Proposed Amendment (NPA)

Avis de proposition de modification (APM)

NPA / APM / 2009-090
Reference / référence: / CAR 703.25
English Title / titre anglais: / Carriage Of External loads
French Title / titre francais: / Transport de charges externes
Sponsor (indicate if not the OPI Branch or TC) / Bureau responsable (indiquer si ce n’est pas la direction du BPR ou TC) / AARTC (Darlene Macy)
Language (E – F - Both)
Langue (A – F – les deux) / Both

Issue / Objet:

Section 703.25 of the Canadian Aviation Regulations (CARs) prohibits air operators from carrying an external load with passengers on board, except where carriage of an external load has been authorized in a type certificate (TC) or supplemental type certificate (STC).

Justification for Change / Justification de la modification:

The carriage of loads external to an aircraft may be considered when an item is either too big to fit through the door of the aircraft, or too big to fit in the cabin or cargo area. In the case of floatplanes, the most common method of carrying an external load is attaching the load to the float struts and floator on the float spreader bars. The most common external load is a canoe or boat, followed by lumber and construction materials, large appliancesand large game heads or antlers.

Operational requirements apply to the carriage of external loads, specificallysections 702.45 and 703.25 of the Canadian Aviation Regulations (CAR), effective October 10, 1996. CAR 702.45 relating to aerial work provides that no air operator shall operate an aircraft carrying an external load unless the attachment device (e.g. cargo hook, external cargo rack) is authorized in an STC or in an airworthiness approval relating to the operational configuration of the aircraft. CAR 703.25 provides that air operators are prohibited from operating an aircraft with passengers on board while carrying an external load, except where carriage of the external load has been authorized in a type certificate (TC) or supplemental type certificate (STC).

The intention of both of these requirements had been to prohibit the carriage of external loads, unless the appropriate aircraft certification design approval (i.e. TC, amended TC, STC or limited STC) had been issued in respect of the aircraft being operated. Although carriage of external loads is an accepted practice, consideration must be given to its effect; aircraft performance can be degraded (reference: Transportation Safety Board of Canada,report A89O433). When an external load is attached to an aircraft, the aircraft is no longer in conformance to its type design if the drawings and specifications, etc., for the aircraft do not include a description of the external load attachment device and the allowable types of external loads. A change to the type design to include provisions for external load attachment may be necessary. [MS1]An airworthiness review and approval process of the type design change will mitigate the risks inherent in this type of operation, through establishing compliance with applicable airworthiness standards.

Unfortunately, the narrow focus of CARs 702.45 and 703.25 does not address the hazards inherent with the carriage of external loads when no passengers are on board. As a result, carriage of external loads on aircraft that are not approved in their type design continues to be a practice in Canada. Also, these regulations only apply to air operators, leaving the carriage of externals loads in other kinds of operation unaddressed.

The Canadian Aviation Regulation Advisory Committee (CARAC) Part VI Technical Committee, External Loads Working Group reviewed the subject of carriage of external loads and the regulatory difficulties. The working group final report, accepted in September 10, 1999, identified four options, of which the following rulemaking option was recommended:

  • Repeal CAR 703.25;
  • Create a regulation in CAR 602;
  • All external load operations will require formal design approval;
  • Develop advisory material to assist in compliance.

As the rulemaking activity began to implement the working group recommendation, an air operator exemption from CAR 703.25 was issued by Transport Canada in order to formally permit the carriage of passengers on board while carrying an external load, subject to the conditions contained within the exemptions. These conditions were intended to mitigate the risks associated with the carriage of external loads. The exemption was renewed several times, with later exemption renewals also including an exemption from CAR 605.03(1)(b). The present exemption NCR/RCN # 050-2009 will expire on December 31, 2010. The conditions of the exemption remained constant with each renewal, with the following exceptions:

(a)the conduct of proving flights was required in the exemptions issued from February 08, 2000 onward;

(b)exemption-usage reporting requirements were added in exemption NCR/RCN # 051-2006; and

(c)a one-time registration requirement was added in the exemption NCR/RCN # 050-2009.

As part of the advisory material development, it was deemed by Aircraft Certification that notwithstanding the need for appropriate design approvals and similarly to what the Federal Aviation Administration (FAA) allows for their Alaska operators (ref: Alaskan Region Flight Standards, Fixed Wing External Loads, March 22, 1993, in cases where the external loads would be readily determined to have a minimum (negligible) effect on weight, centre-of-gravity, structural strength, performance, power plant operation, flight characteristics or other qualities affecting airworthiness, as compared to the approved type design, it is permissible to carry the external loads below without a corresponding design approval. As is discussed in the new Advisory Circular (AC) 500-004, dated 2009-02-17, such items will be limited to the following (assuming that quantity limits would be respected, such as to an individual or pair of items):

(a)A pair of snowshoes;

(b)A pair of skis;

(c)Hunting riffle;

(d)Fishing rod; or

(e)Other items of the same size, shape and weight as items (a) through (d).

Many aeroplanes have one or more STCs available that authorize the carriage of external loads. Typically, the STC is specific to the aeroplane configuration and external load. At present, there are at least 165 different external loads STCs or limited STCs available, covering items such as canoes, boats, porta-boats, marine craft, square stern boats, kayaks, lumber and/or freight.

Air operators operating under Subpart 703 of the CARs have been advised via Commercial & Business Aviation Advisory Circulars (CBAAC) that the exemption to Section703.25 of the CARs will be allowed to expire on December 31, 2010.

This proposed amendment would repeal CAR 703.25.

Current Text / Texte actuel:

Carriage of External Loads

703.25 Except where carriage of an external load has been authorized in a type certificate or supplemental type certificate, no air operator shall operate an aircraft to carry an external load with passengers on board.

New Text / Nouveau texte :

Carriage of External Loads

703.25 [Reserved] Except where carriage of an external load has been authorized in a type certificate or supplemental type certificate, no air operator shall operate an aircraft to carry an external load with passengers on board.

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RDIMS # 2181553 v4

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