Transport Canada is going ahead with proposed regulations intended to hold pilots responsible for possibly creating a hazard over built-up areas or assemblies of people during takeoffs and landings. This issue stems from 1996, when an MP, along with a citizen, attended a CARAC Part VI Technical Committee meeting to complain about a neighbour who landed his helicopter at his cottage. the citizen complained to Transport Canada that the helicopter was creating a hazard because it was so close to his property, allegedly blowing around lawn chairs, etc. Transport Canada investigated and determined that it did not pose a hazard and that the pilot was not being reckless (the only regulation that he could be cited on), and given that the operation was not deemed to be within the built-up area of a city or town, there was nothing they could do about it.
COPA, as a member of CARAC VI, has been involved with this issue from that first meeting, including attempts to define built-up area and various versions of the regulation proposed by Transport Canada.
COPA President and CEO Kevin Psutka successfully advised the committee it would be impossible for any pilot to define built-up area other than it currently is related to a city or town. However, Transport Canada insisted on developing a regulation. (See COPA Newsletter, October 1997.)
The wording changed several times as COPA argued that terms such as “vicinity” of a built-up area were too vague and open to interpretation. It was also argued that the key issue was whether or not an aircraft could be manoeuvred, in the event of a problem, away from built-up areas of people so as not to be a hazard. The resulting regulation is a compromise between the desire to define built-up areas and the need to retain flexibility to operate near built-up areas as many pilots do safely now. As a result of the discussions and negotiations, the draft regulation requires pilots to not create a hazard to persons or property when conducting a take-off, approach or landing in an aircraft over any built-up area or over an open-air assembly of persons and to have an out in an emergency. As of early October, the proposal is in the final stages of becoming law as follows:
602.12 (1) For the purposes of this section and sections 602.14 and 602.15, an aircraft shall be deemed to be operated over a built-up area or over an open-air assembly of persons if the built-up area or open-air assembly of persons is within a horizontal distance of
(a) 500 feet from a helicopter or balloon; or
(b) 2,000 feet from an aircraft other than a helicopter or balloon.
(2) Except at an airport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons, in a manner that is likely to create a hazard to persons or property.
(3) Except at an airport or military aerodrome, no person shall conduct a take-off, approach or landing in an aircraft over a built-up area or over an open-air assembly of persons unless that aircraft will be operated at an altitude from which, in the event of an engine failure or any other emergency necessitating an immediate landing, the aircraft can land without creating a hazard to persons or property.
Contact Kevin Psutka.