Commercial IFR rule changes won’t affect private pilots

 Action by COPA has been instrumental in preventing rules aimed at commercial IFR operators from unnecessarily impacting IFR rated private pilots.

After the crash of a Challenger Regional Jet at Fredericton on Dec. 16, 1997 and several other prominent accidents involving commercial aircraft while conducting instrument approaches, Transport Canada moved to increase limits governing when low-weather IFR approaches could be attempted.

The changes proposed involved wide-ranging increases to limitations in the approach ban rules that all IFR aircraft have to operate to. The approach ban rules tell pilots under what weather conditions they are not permitted to commence an instrument approach.

COPA successfully argued that private IFR operations were not part of the problem and should not be burdened with new and onerous restrictions because of commercial airlines’ accidents.

Transport Canada agreed with COPA’s stand, saying in the final Commercial and Business Aviation Advisory Circular: “[The Canadian Aviation Regulation Council] decided to exclude general aviation and private operators from the significant changes to the approach ban, subject to a review of accident data two years following the date of coming-into-force.”

TC instead agreed to make only minor changes to CAR 602 regulations affecting private pilots and to incorporate the more extensive changes into the CARs Part VII which govern only commercial operators.

The Advisory Circular addresses this saying:

“General Aviation and Private Operators –Subpart 602 of the CARs

The changes to the Approach Ban that will affect general aviation and private operators will be minor. The text has been amended to:

  • Introduce the term “runway visibility” which will be discussed in more detail later in this CBAAC;
  • Indicate that the General Operations and Flight Rules approach ban does not apply to commercial operations;
  • Incorporate the exemption published in AIC 1/97;
  • Correct a syntax error in Paragraph 602.129 (1) (a) of the CARs (the word “and” is changed to “or”); and
  • Non-precision, APV, and precision CAT I and CAT II approaches have been banned at airports where low visibility procedures are in effect (the RVR less than 1200 and CAT III operations are in effect);
  • CAT III precision approaches are banned when the visibility falls below the RVR specified in the CAP.”

The concept of runway visibility is new to the CARs. The purpose of introducing this is to provide a visibility value at the touchdown zone of a runway that is not equipped with a functioning Runway Visual Range measuring device (RVR).

An instrument rated pilot or a qualified person will be allowed to assess runway visibility when RVR sensor equipment is not available.

The changes detailed will amend CAR 602, 622, 802, 824 and the 700 series of CARs that govern commercial operators. The whole package of amendments has already been promulgated in the Canada Gazette Part II and will be found in the CARs with the December 2006 amendment.

The Advisory Circular does include a caution to private pilots who fly IFR approaches – their exclusion from these new rules is subject to a review of accident data two years after the implementation of the rules, in December 2008. If, in that time, private operators start having low-weather IFR approach accidents similar to the ones that plagued commercial operators, then TC will likely take steps to introduce similar measures for private pilots as well.

The complete text of Commercial and Business Aviation Advisory Circular No. 0237, dated Sept. 8, 2006, explains the background and the rule changes that are coming into effect in the December 2006 CARs amendment. The CBAAC text can be found at http://www.tc.gc.ca/CivilAviation/commerce/circulars/AC0237.htm

COPA is the only association representing the interests of non-commercial aviation at all nine CARAC Technical Committees where these issues are consulted and decided. Without COPA’s input on issues like this, the freedom of everyday Canadians to fly their own aircraft in Canada would be gradually eroded.