RCAP approaches for GA

[photofly]

Reading through some of the CARs, it appears to be the case that GA aircraft not under a POC are allowed to use RCAP approaches without authorization.

Can anyone provide chapter and verse where this is not allowed?

[Big Pistons Forever]

From TC Advisory circular # 0245

Quote
The RCAP restricted instrument procedures are restricted for use to the holders of air operator certificates, foreign air operator certificates and private operator certificates, who also hold the appropriate operations specification. Each restricted instrument procedure will specify what operations specification is required for its use.
Unquote

Unless you are operating under CAR 604 (Private Operator Certificate) or CAR 702/3/4/5 (Air Operator Certificate) you can not apply for the OPS Spec ( 099 or 410 ) that is required to legally use an RCAP procedure

[photofly]

I"m not sure you can be busted for violating an advisory circular (they are advisory, after all).

Anything in the CARs?

[Big Pistons Forever]

I"m not sure you can be busted for violating an advisory circular (they are advisory, after all).

Anything in the CARs?

Well the this advisory circular advises that you need to be operating under CAR part 604 or Part 7 to use the RCAP. I guess you could choose to ignore the advice it gives but I would suggest that if TC wanted you to be able to use the RCAP under CAR 602 operations they would have said so in their "advisory" circular.

The best way to deal with this situation is not to ask Avcanada, it is to send an e-mail to TC and ask the following question

" Am I authorized to fly an RCAP approach while operating a private aircraft under CAR part 602 ? "

[photofly]

I suspect a TC inspector will refer me to the AC, much as you have (for which, thanks, btw.)
I wan't to know if anyone here knows of an enforceable regulation that it would violate.

I can't help but think that if it was enforceable, TC wouldn't need to issue an AC - or at least, they'd refer to the regulation in the AC.

[Big Pistons Forever]

The issue is pretty straight forward. RCAP approaches will have special procedures or limitations that would not be acceptable in a normal non RCAP plate. The Ops Spec that allows you to fly them will have an equipment/training/approved SOP that mitigates the increased risk. The only way at present for TC to ensure the appropriate extras are in place is when they can be referenced to an approved Ops Manual. By definition only 604 or Part 7 operators can have an approved ops manual.

If a 602 operator wanted to fly an RCAP approach they would have to show to TC how they would meet the extra requirements of the RCAP process.

Personally I do not know of any 602 operator that has done that although if there if someone who has than I would be very interested to know how they did it.

[photofly]

“instrument approach procedure” means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII; (procédure d’approche aux instruments)

FTU's qualify??!

[Big Pistons Forever]

“instrument approach procedure” means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII; (procédure d’approche aux instruments)

FTU's qualify??!

Interesting argument and since you are quoting CAR 101.01 and since FTU's operate under Subpart 6 of Part 4, it would appear so. You still need the Ops Spec though

[wallypilot]

The fact that it says "special authorization required" right on the plate suggests to me that you can't use it without an ops spec. So, I would say your insurance would be invalid if you had an accident/incident while you were using the RCAP procedure. Enforcement wouldn't be my main concern. It would be insurance coverage.

[photofly]

The only operational restrictions excluded from my insurance policy are flight outside the approved W&B envelope or with more passengers than there are seats. So nice try, but no, my insurance company doesn't give a stuff if I fly the ILS26 at CYTZ.

For what it's worth, I laugh mightily when people trot out the "insurance" meme without thought. I'm pretty sure every kind of damage to an aircraft in motion is a CARs infraction; if every infraction voided your insurance policy then why bother with in motion insurance at all? They'd never have to pay out.

[pollyperkins]

Tell you what - give it a try and let us all hear how you make out.

[Roar]

[quote="photofly"]The only operational restrictions excluded from my insurance policy are flight outside the approved W&B envelope or with more passengers than there are seats.

There is much more than the above the insurance companies won't pay out for.
Do you have a War rider? If not they won't pay out for and damages caused by Armed Forces, terrorism or civil insurrection. If through lack of maintenance or other reasons the plane no longer conforms to it's type certificate and therefore does not have a valid C of A, guess what... No insurance.
There is a very large difference between and accident and willful negligence. Given the topic of this thread, if you had the Ops Spec for the RCAP and botched the approach up causing an accident yes that is what insurance is for but if you knowingly didn't bother to have a 604 with the ops spec then flew the RCAP approach botching it up causing an accident. The insurance company would fight tooth and nail to not pay.

[photofly]

I was writing about operational restrictions. Thanks for the hypotheticals about insurance, I'm grateful for your thoughts, but, well that's it. Thanks. I'm asking about CARs and RCAP approaches, not the thousand and one other things to take into account before deciding to do it.

[HiFlyChick]

The RCAP itself is pretty straightforward - Op Spec required

[KK7]

There is a Advisory Circular No. 0245 from 2005 and 804-004 from 2011 that address the use of Restricted Instrument Procedures in the RCAP.

http://www.tc.gc.ca/eng/civilaviation/s ... 5-1534.htm

http://www.tc.gc.ca/media/documents/ca- ... 03-004.pdf

In AC 0245, it says:

The RCAP restricted instrument procedures are restricted for use to the holders of air operator certificates, foreign air operator certificates and private operator certificates, who also hold the appropriate operations specification. Each restricted instrument procedure will specify what operations specification is required for its use.

AC 804-004 section 4.9 indicates:

4.9 Permission to Fly - Restricted Instrument Procedures

(1) TCCA grants Private and Air Operators, the privilege to fly RIPs by means of an OPS SPEC
issued for each specific application, as follows:

(a) TCCA Regional offices grants flight privileges to Air Operators operating under Subparts
604, 702, 703, 704 and 705 of the CARs.

(b) TCCA foreign inspection division grants flight privileges to foreign air and private
operators operating under Subpart 701 of the CARs.

(2) RIPs are not available to the general flying public, but are available to the Department of National
Defence (DND) for their use.

[photofly]

BPF pointed out AC0245 in post #2.
What is the regulatory status of an AC?

[HiFlyChick]

That page I posted from the RCAP is not an isolated case - all approaches have a page like that that says that the aeronautical information is published for OP SPEC use only. Even if the ACs didn't exist, the RCAP itself prohibits you from using it. What possible defense could there be if you shot an RCAP approach and a TC inspector asked you why you ignored the glaringly large statement saying that you weren't allowed to...?

[KK7]

What is the regulatory status of an AC?

An AC describes how the regulation is interpreted. They are a link in the legal chain.

[m39462]

CARs 101.01:

“instrument approach procedure”

“instrument approach procedure” means, in respect of an aircraft on an instrument approach to a runway or aerodrome, a procedure for an instrument approach determined by the pilot-in-command of the aircraft on the basis of the information specified in the Canada Air Pilot for an instrument approach to that runway or aerodrome or, if no such information is specified in the Canada Air Pilot, the information specified in the Restricted Canada Air Pilot for an aircraft operated under Subpart 6 of Part IV, Subpart 4 of Part VI, or Part VII;

So everywhere the regs refer to an IAP they do not include RCAP procedures unless you are a registered flight training unit, private operator, or commercial operator.

[Rockie]

I was writing about operational restrictions. Thanks for the hypotheticals about insurance, I'm grateful for your thoughts, but, well that's it. Thanks. I'm asking about CARs and RCAP approaches, not the thousand and one other things to take into account before deciding to do it.

602.128 (1) No pilot-in-command of an IFR aircraft shall conduct an instrument approach procedure except in accordance with the minima specified in the Canada Air Pilot or the Restricted Canada Air Pilot.

IAP's contained in the RCAP are non-compliant with TP-308 and subject to conditions to be approved for use. As a GA pilot you do not meet the conditions stipulated in the RCAP and would be violating the above regulation by flying it since you cannot use the minima in the RCAP.