EXEMPTION FROM PARAGRAPH 605.20(b) OF
THE CANADIAN AVIATION REGULATIONS

• PURPOSE
• APPLICATION
• CONDITION
• VALIDITY
• APPENDIX A

Pursuant to subsection 5.9(2) of the Aeronautics Act, and after having taken into account that the exemption is both in the public interest and is not likely to affect aviation safety, I hereby exempt persons conducting tethered balloon operations at night, from the requirement set out in paragraph 605.20(b) of the Canadian Aviation Regulations (CARs), subject to the following conditions.

Paragraph 605.20(b) requires that no person shall conduct a take-off in a balloon for the purpose of night VFR flight unless it is equipped with position lights.

PURPOSE

The purpose of this exemption is to allow the take-off of tethered balloons for night VFR flights, without position lights.

APPLICATION

This exemption applies only to persons conducting tethered balloon night VFR flights.

CONDITION

This exemption is subject to the following conditions:

1. The tethered balloon shall be equipped with the equipment required pursuant to Section 605.19 of the CARs and a means of illuminating all of the instruments used by the flight crew, including a flashlight.
2. While in tethered flight, the maximum height of the top of the balloon above ground, including the tether lines shall not exceed 300 feet.
3. The balloon shall be operated in a manner that is not likely to be hazardous to aviation safety.
4. Notwithstanding condition 2, the maximum height of the top of the balloon above ground (including the tether lines) while in tethered flight may exceed 300 feet provided the balloon is lit in accordance with Chapter 9 of the Standards Obstruction Markings (reproduced in Appendix A to this exemption).
   

VALIDITY

This exemption comes into effect on July 16, 2007 at 00:01 EDT and remains in effect until the earliest of the following

1. The date on which an amendment to the appropriate provisions of the Canadian Aviation Regulations and related standards comes into effect;
2. The date on which any condition set out in this exemption is breached; or 
3. The date on which this exemption is cancelled, in writing, by the Minister where he is of the opinion that it is no longer in the public interest or that it is likely to affect aviation safety.

Dated at Ottawa, Ontario, Canada, this 13th day of July 2007, on behalf of the Minister of Transport, Infrastructure and Communities.

Original signed by

M. Preuss
Director General
Civil Aviation