Commercial and Business Aviation Advisory Circulars

Policy Arrangement Between Transport Canada and the United Kingdom Civil Aviation Authority Regarding the Use of Supplementary Loop Belt Devices on Aircraft Being Operated Pursuant to the Extended Charter Agreements

INTRODUCTION

This Commercial and Business Aviation Advisory Circular (CBAAC) is intended to provide air operators with information regarding the existence of a Policy Arrangement between Transport Canada Civil Aviation (TCCA) and the United Kingdom Civil Aviation Authority (UK CAA) regarding the use of supplementary loop belt devices on aircraft being operated pursuant to extended charter agreements.

APPLICABILITY

This CBAAC applies to Canadian air operators conducting operations pursuant to an extended charter agreement with a United Kingdom (UK) air operator.

REFERENCE

Paragraph 4.2(j) of the Canadian Aeronautics Act

Sections 101.01, 537.203, 605.25, 605.26 and 605.28 of the Canadian Aviation Regulations (CARs)

CBAAC 0177 – Child Restraint Systems

Policy Arrangement regarding the use of supplementary loop belt devices on aircraft being operated pursuant to extended charter agreements – AARX 5258-45-2 and 10A/300/1

BACKGROUND

The CARs do not permit the use of supplementary loop belt devices for the restraint of infants on board aircraft whereas both the UK Air Navigation Orders (ANOs) and the European Joint Aviation Requirements permit the use of such devices. This conflicting legislation has been the subject of discussions between officials of the respective aviation authorities for several years.

Initially, the issue was discussed at length between the UK CAA and TCCA during the inspection activities associated with European operations conducted by several Canadian air operators on behalf of UK air operators pursuant to extended charter agreements. The agreement reached at the time was that where the lessor’s aircraft remained on its national registry and the lessor retained operational control, the regulatory requirement of the lessor’s state would apply. This in turn generated the anomalous situation whereby a passenger travelling with an infant (but not using an approved car seat-type child restraint system) may be on a UK registered aircraft on the outbound sector of the flight and on a Canadian registered aircraft on the return sector (or vice-versa), and thus be required or denied use of the loop belt according to the aircraft.

Both the UK ANOs and CARs provide for the use of approved child restraint systems (car seat type). Transport Canada recommends the use of approved child restraint systems and there are several rearward facing child restraint systems for infants under six months old that have been approved for use on board aircraft. However, the use of rearward facing child restraint systems is not acceptable under current UK regulatory requirements.

In an effort to effect a mutually acceptable resolution to these problems, Transport Canada proposed that a formal Policy Arrangement between TCCA and the UK CAA be developed to address the issue of the use of supplementary loop belt devices for infant restraint.

POLICY DEVELOPMENT

Paragraph 4.2(j) of the Canadian Aeronautics Act authorizes the Minister of Transport to enter into arrangements with the aeronautics authorities of foreign states with respect to any matter relating to aeronautics.

The Policy Arrangement that has been agreed to between TCCA and the UK CAA regarding the use/non-use of supplementary loop belt devices during extended charter operations is as follows:

1.  Transport Canada Civil Aviation will inform Canadian air operators that:

1. We have entered into a Policy Arrangement with the UK Civil Aviation Authority regarding the use of supplementary loop belt devices on Canadian registered aircraft;
   
   
2. The Canadian air operator may act in accordance with the UK law that requires the carriage and use of the supplementary loop belt device for the restraint of lap-held infants on aircraft being operated entirely outside of Canada pursuant to an extended charter agreement with a UK air operator; and
   
   
3. The policy provisions outlined in item 2 will be applied.

2.  As a matter of policy, Transport Canada Civil Aviation will not take action against a Canadian air operator who uses supplementary loop belts for the restraint of infants where:

1. The aircraft is operated entirely outside of Canada pursuant to an extended charter agreement with a UK air operator;
   
   
2. Operational control of the aircraft remains with the Canadian air operator; and
   
   
3. The aircraft remains on the Canadian aircraft registry.

The UK CAA policy is as follows:

1.  The United Kingdom Civil Aviation Authority will inform United Kingdom’s air operators that:

1. We have entered into a Policy Arrangement with Transport Canada Civil Aviation regarding the use of supplementary loop belts on United Kingdom registered aircraft;
   
   
2. The United Kingdom air operator should act in accordance with the Canadian law that prohibits the carriage and use of the supplementary loop belt device for the restraint of lap-held infants on aircraft being operated entirely outside of the United Kingdom pursuant to an extended charter agreement with the Canadian air operator; and
   
   
3. The policy provision outlined in item 2 will be applied.

2.  The United Kingdom Civil Aviation Authority will exempt any United Kingdom air operator who applies for an exemption against Article 45(2)(d)(i) of the Air Navigation Order 2000 which requires that all passengers under the age of 2 are secured by means of an approved child restraint device subject to the following conditions:

1. The aircraft is operated entirely outside of the United Kingdom pursuant to an extended charter agreement with a Canadian air operator;
   
   
2. Operational control of the aircraft remains with the United Kingdom air operator; and
   
   
3. The aircraft remains on the United Kingdom aircraft registry.

CONCLUSION

This CBAAC provides air operators with information regarding the existence of a Policy Arrangement between TCCA and the UK CAA regarding the use of supplementary loop belt devices on aircraft being operated pursuant to extended charter agreements.

Michel Gaudreau
Director
Commercial & Business Aviation