AIR LAW |
Max Avation Inc. v. Transport Canada
T-594-04
2004 FC 1410, Shore J.
14/10/04
14 pp.
Judicial review of interpretation by Commercial and Business Aviation Branch of Transport Canada (Transport Canada) that Beechcraft BE10 (BE10) aircraft with crew of two pilots must be equipped with cockpit voice recorder (CVR) when aircraft used as air taxi pursuant to Subpart 3 of Part VII of Canadian Aviation Regulations (CAR)-- Specifically, applicants asking Court to rule not under duty to install CVR in their BE10s under these conditions-- Applicants operating air transport business pursuant to operating licence issued by Transport Canada--Operating several BE10 type aircraft as air taxi service on request for varied range of customers--Applicants maintaining could quite legally operate BE10 with only one pilot, but for various reasons, having to do with passenger comfort and safety in general, choosing to operate with two pilots--BE10 aircraft having two turbine engines and passenger seating configuration for six or more passengers--In Information Circular sent to all Canadian carriers, including applicants, Transport Canada announcing when BE10s used as air taxi and two pilots at controls, s. 605.33(2) of CAR, recently amended, requiring aircraft be equipped with CVR in cockpit --Applicants arguing only compulsory to have CVR where aircraft piloted by two-person crew at all times--Issue whether Transport Canada's interpretation BE10 should be equipped with CVR when aircraft used as air taxi and two pilots are at controls consistent with provisions of CAR-- S. 703.86 of CAR providing aircraft operated pursuant to Subpart 3 of Part VII of CAR must be operated by two pilots, unless two conditions met, namely air operator authorized in air operator certificate and complying with Commercial Air Service Standards--In addition to two conditions, aircraft may be operated by only one pilot if operations specification 011, created by s. 703.86(a) of CAR, observed--S. 703.86 of CAR, combined with operations specification 011, forming exception to rule and allowing single pilot to be at controls of multi-engined turbo-powered aircraft without aircraft having to be equipped with CVR--Under s. 603.33(2) of CAR, when applicants' BE10 used as air taxi and two pilots are at controls, applicant must equip aircraft with CVR-- Consequently, Transport Canada interpretation consistent with provisions of CAR--Application dismissed--Canadian Aviation Regulations, SOR/96-433, ss. 605.33(2), 703.86, 703.86(a).