Policy Letter 163

Subject

Limitations on the Transportability of Pilot Proficiency Check (PPC) and Competency Check (PCC) between Private Operator Certificate (POC) holders and Commercial Air Operators.

File Number

Z 5258-10925 U
RDIMS #550631

Date

2004.03.15

Policy Statement

Proposed amendments to Subpart 4, Part VI of the Canadian Aviation Regulations (CARs) - Private Operator Passenger Transportation - will affect the PPC and PCC between POC holders and Commercial Air Operators.

Applicability

This policy applies to all pilots flying for Commercial Air Service Operators and Private Operators engaged in operations pursuant to Subpart 2, 3, 4 and 5, Part VII or Subpart 4, Part VI of the CARs.

Definitions

PPC - As described in Subsections 722.65(1), 723.88(1), 724.108(1) and 725.106(2) of the Commercial Air Services Standards (CASS);

PCC - as described in Section 722.65 Schedule II (3) and Subsection 723.88(2) of the CASS.

References

Subsection 722.76(11), Paragraphs 723.98(22)(A), 723.98(20)(H), 724.115(23)(A), 724.115A(21)(H) and Subsection 725.124(28) of the CASS - Transportability of PPC and PCC.

Background

The CASS and the current Private Operator Passenger Transportation Standards 624 of the CARs (POPTS) provide conditional flexibility with respect to the transportability of a PPC or PCC when a pilot moves from one operator to another. All PPC's and PCC's are subject to Transport Canada (TC) regulatory requirements. Under Subpart 4, Part VI of the new CARs Business Aircraft Operational Safety Standards System (BA-OSSS) this will not be the case.

With the introduction of the new CAR 604 BA-OSSS, the certification of an operator's pilot proficiency is the responsibility of the chief pilot. Every private aircraft operator must establish and maintain a Safety Management System (SMS) appropriate to the size and complexity of the operation. The SMS must include training programs for company personnel and procedures for ensuring their continuing proficiency and maintenance of competency. The Canadian Business Aviation Association (CBAA) Private Operator Certificate Procedures Manual provides several alternatives, which include, but are not limited to the use of TC inspectors, or a TC Approved Check Pilot Program (ACP).

Private operators will have far greater flexibility and responsibility for the conduct of their operational safety management. The BA-OSS Standards will be under the jurisdiction of the CBAA. Private operators will no longer be subject to the same degree of TC oversight in the area of pilot training and checking unless their pilot training and qualification program specifically incorporates a TC-monitored ACP Program or stipulates a requirement for proficiency check rides with TC inspectors. This may occur in the case of an operator that operates privately and periodically offers the aircraft for hire under an Air Operator Certificate. (AOC).

TC has the responsibility to exercise due diligence on behalf of the traveling public. Consequently all commercial operators have been and will continue to be subject to TC oversight.

This policy does not imply a qualitative difference between commercial or private PPC/PCC standards. On the contrary each is optimized to best serve its intended purpose. In the case of the Private Operator - to focus on the mitigation of the risk inherent in an operator's specific operational environment. In the case of the Commercial Operator - to facilitate TC's responsibility for safety and security oversight on behalf of the traveling public.

Policy

A. Commercial Operator to Commercial Operator

PPCs and PCCs continue to be transferable from one commercial air operator to another commercial air operator in accordance with the appropriate subsection of the CASS.

B. Commercial/Private to Private Operator

Transportability of a PPC/PCC from a commercial air operator to a private air operator, or between two private operators is at the discretion of the Chief Pilot of the hiring operator. It is the Chief Pilot's responsibility to ensure that the new pilot has fulfilled all the training, competency and currency requirements necessary to satisfy the operator's training program.

C. Private Operator to Commercial Operator

A pilot transferring from a private operator to a commercial operator will be required to meet all the training requirements of the appropriate CASS and to complete a PPC/PCC in accordance with the hiring operator's approved training program. On a case-by-case basis a Commercial Air Operator's Principal Operating Inspector (POI) may recognize training credits based on the similarity in training programs, standard operating procedures, and the nature of the operations conducted. However the overriding determination will be that the pilot will satisfy all applicable CASS.

D. Combined Private/Commercial Operator

For Commercial Operations, CASS will take precedence for purposes of TC oversight. Operator will need to satisfy all CASS. The operator is free to augment any of these standards as deemed necessary to satisfy the requirements identified in his SMS for purposes of Private Operations.

Future Disposition

Commercial and Business Aviation Operational Standards will periodically review this policy and update it in response to regulatory changes.

Reference Number

This Policy Letter is designated AARX No. 163.

Michel Gaudreau
Director
Commercial &Business Aviation

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