Carry-On Baggage Requirements

[Elvis]

Beeing an extreme old fart I think the rules were broken on most flights in the 70's

[Freewheel]

Beeing an extreme old fart I think the rules were broken on most flights in the 70's

In the new, Millenium it seems that the regulator and public servants are the ones breaking the rules with regularity. Here's a rule for you. Found in the Constitution Act, and is the foundation for the democratic systems in Canada.

 

Equality Rights

 

Equality before and under law and equal protection and benefit of law

 

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

[Freewheel]

 

Good Morning

 

Transport Canada, Navigation Protection Program is seeking quotes for the charter of a helicopter for air-based inspection purposes.

 

We will require a room for 3 NPP Officers along with some small equipment/gear (cameras, notes, files).

Total weight of passengers is 550lbs, and total gear is 25-35lbs

At this time we have looking at conducting these inspections Aug 11 or 12 (tentatively)

 

I have attached a list containing the co-ordinates of all sites we will need to go to, each site will require the pilot to hover over the work/waterway to allow staff to take photos and make notes. Probably 10 min or less per site depending on exactly what they are looking for............

 

Please provide a quote based on a round trip from your location. Please feel free to contact me regarding any additional information you may require.

[Freewheel]

Are you able to be more specific with regards to the “small equipment” that needs to be carried on board the aircraft? I notice you state “camera, notes, files”, but the total gear states 25-35 lbs.

 

1. Is this a large camera?

2. Is there anything else?

3. Which equipment needs to be stowed in the cabin of the aircraft?

4. Which equipment can be stored in externally accessed cargo compartments or baskets?

5. Can you give approximate weights and dimensions of each of the items that are required to be carried inside the Cockpit and Passenger cabin?

 

This information will help chose the right aircraft for your requirements, while ensuring we are able to comply with the stowage requirements under Canadian Aviation Regulation 602.86.

 

Your assistance with providing this information would be appreciated,

 

Thank You,

[Freewheel]

Thanks for getting back to me – I have answered your questions to the best of my ability below. This could change if the trip is found to require an overnight stay, in which case you could add an overnight bag for each person, that could be stowed externally.

 

Just for your reference, we have completed these inspections in the past very comfortably from the Coast Guard 206 helicopter.

 

1. Is this a large camera? – No 2 Cannon Rebels (personal size)

2. Is there anything else? (ie. personal packs, lunch kits, satellite phone, portable GPS, laptop, clipboard, briefcase, etc.?) Likely a personal bag each with water/snacks/ I.D, etc., there would be 1 file (banker style) box, and likely a clipboard

3. Which equipment needs to be stowed in the cabin of the aircraft? All would be in the aircraft

4. Which equipment can be stored in externally accessed cargo compartments or baskets? None (except as mentioned above)

5. Can you give approximate weights and dimensions of each of the items that are required to be carried inside the Cockpit and Passenger cabin? 2 x pelican camera cases, 5” x 10”, x 12”, and 1 banker style box containing paper files, 10” x 12” x 15”

[Freewheel]

Sent: June 25, 2015 4:15 PM

To: Berling, Janice (Janice.Berling@tc.gc.ca); Witton, Lisa; Lucking, Michael (michael.lucking@tc.gc.ca)

Cc: Laamanen, Dave (dave.laamanen@tc.gc.ca); Bill Turcotte (bill.turcotte@tc.gc.ca); Frank, Clifford (clifford.frank@tc.gc.ca); O'Connor, Shawn (Shawn.O'Connor@tc.gc.ca); 'Mawji, Hanif'; 'Fred Jones' (fred.jones@h-a-c.ca);

Subject: RE: Transport Canada Request for quote - CARS 602.86 Requirements - Houston, we have a problem

 

Hi Janice and Lisa,

How are you? We haven’t spoken in a while, but I am wondering if are able to provide any update or revision to the official interpretation that you provided to us with regards to CARs requirements for the Carriage of Carry-on Baggage, Cargo and equipment on board helicopters under CARs 602.86.

I am contacting you today about this because we have received an interesting request for a quote from your own organization (Transport Canada) to conduct a job in August. In accordance with the interpretation you have provided us, this job cannot be conducted legally. When we received it our project manager asked me: “Is this a setup? Apparently, the Canadian Coast Guard (who is operated by Transport Canada) also agrees that carriage of some items in the cabin of a Bell 206 is completely legal under 602.86…

 

Please review the string below with regards to this request. We will be bidding on this job (and so will our competitors); we fully intend on completing it if awarded the contract. It would be nice if my pilot didn’t have to do it knowing that TC Cabin Safety deems it illegal. This is not the way to promote compliance with the CARs: So I ask again would you like to revise the initial interpretations of 602.68?

 

As you are aware both of you (along with Terry Long and Associate Director of Operations – Yves Lemieux) provided several official responses to requests for guidance with regards to these requirements in early 2013. If you recall Janice, you advised our pilots that a purse could not be carried in a Bell 206 and later sent e-mails stating that “I am confirming that securing a purse or anything else that is considered as carry-on baggage in a seat with a seat-belt is not permitted” and later reaffirmed that: “I am confirming that carrying a packsack on your lap is not in compliance with 602.86”.

 

We had several communications about this topic and I ultimately sent you several very straight forward questions; Mr. Lemieux was nice enough to respond to these questions and for all intents and purposes supported your initial interpretations. We voiced our concerns that this was not what the regulations actually stated and the fact that it was against longstanding practice in our industry (nationwide).

I also copied the President of the Helicopter Association of Canada, Fred Jones on our communications and replied:

“HAC will be joining you in your opposition to this interpretation. Not only is it inconsistent with other regions, but it is inconsistent with long-standing accepted practice in the Canadian helicopter industry.

 

I truly hope that cooler heads will prevail in Tower C on this subject, and I am forwarding this issue to Nicole Girard, Director Policy & Regulatory Services at Transport Canada for her review, before this unusual interpretation causes any further disruption to your operations, or to others members of our the helicopter industry. I agree that the application of this policy with have implications for many other industry segments as well. I suspect that the members of ATAC, SAC, CBAA, ATAC, NATA, MAC, BCAC, and Aviation Alberta will have an interest in the interpretation being applied in Ontario, as well.

 

At the very least, my suggestion would be for the region to "stand-down" on the application of this new and extreme policy until a more thoughtful review of its implications can be carried out by Transport Canada. This interpretation has the potential to shut-down many helicopter operations taking place quite safely in our industry today, at considerable expense to the commercial helicopter community and its customers.”

 

On numerous occasions we have questioned your interpretation; we have sought guidance from all levels of TC including the enforcement branch, yet we have received no additional response as the actual regulatory requirements; we have also provided you (and enforcement) with dozens of examples of operators who are operating in non-compliance with your interpretation (including Transport Canada themselves).

 

FYI I have attached a few of you’re the Past e-mails we have received from TC on this matter. The last attachment is the discussion with Mr. Lemieux…if you scroll down you will see the official responses to my questions.

 

Your assistance with this issue is appreciated.

[Bif]

[Freewheel]

Excerpt from November 9, 2015 letter sent by Joseph Szwalek, Regional Director, Civil Aviation:

 

Cabin Safety

 

The carriage of cargo in the Bell 206 is permitted providing the cargo is restrained so as to prevent them shifting during movement of the aircraft on the surface, during take-off, landing and in-flight turbulence as per CAR 602.86 (1)( b ). Baggage and cargo transported in the cabin of the aircraft must be stowed and restrained in a way that ensures continued compliance with the applicable operating regulations (i.e. 602.86) as well as the applicable airworthiness standards. Should there be compartments available in the aircraft for stowage of various items, they should be used accordingly and as appropriate.

 

If an operator would like to use a seat for something other than its original intended (certified) function, the operator should be able to demonstrate compliance with any and all applicable airworthiness standards.

 

The pilot-in-command is expected to use situational judgement in ensuring that the helicopter is operated in compliance with the regulations and may use his/her discretion regarding smaller/hand-held items i.e. personal cameras, cell phones, etc.

 

It is Transport Canadas expectation that the applicable regulations, standards and exemptions are respected in the day-to-day operations (of your company). You are encouraged to use discretion in ensuring that your company is in compliance with the regulations at all times.

 

As you know, your companys continued regulatory compliance will be verified via an upcoming Program Validation Inspection. Please engage your association directly if you have any further concerns about the industry-wide applicability of this guidance material.

 

Regards,

Joseph M. Szwalek

Regional Director Civil Aviation

Ontario Region

[hybrid]

Excerpt from November 9, 2015 letter sent by Joseph Szwalek, Regional Director, Civil Aviation:

 

Cabin Safety

 

The carriage of cargo in the Bell 206 is permitted providing the cargo is restrained so as to prevent them shifting during movement of the aircraft on the surface, during take-off, landing and in-flight turbulence as per CAR 602.86 (1)( b ). Baggage and cargo transported in the cabin of the aircraft must be stowed and restrained in a way that ensures continued compliance with the applicable operating regulations (i.e. 602.86) as well as the applicable airworthiness standards. Should there be compartments available in the aircraft for stowage of various items, they should be used accordingly and as appropriate.

 

If an operator would like to use a seat for something other than its original intended (certified) function, the operator should be able to demonstrate compliance with any and all applicable airworthiness standards.

 

The pilot-in-command is expected to use situational judgement in ensuring that the helicopter is operated in compliance with the regulations and may use his/her discretion regarding smaller/hand-held items i.e. personal cameras, cell phones, etc.

 

It is Transport Canadas expectation that the applicable regulations, standards and exemptions are respected in the day-to-day operations (of your company). You are encouraged to use discretion in ensuring that your company is in compliance with the regulations at all times.

 

As you know, your companys continued regulatory compliance will be verified via an upcoming Program Validation Inspection. Please engage your association directly if you have any further concerns about the industry-wide applicability of this guidance material.

 

Regards,

Joseph M. Szwalek

Regional Director Civil Aviation

Ontario Region

Thats about as clear as mud. It continues to open up a whole can of worms. Essentially anything that can move must be restrained, it changes the whole way the job can be done.

[BadMonkey]

Well, if you can hold an infant up to 2 years old in your lap legally without anything more than your arms as restraint, then anything else that can be held or stuffed under a seat is fair game too......as it's always been. "Restrained" does not necessarily have to mean "tied-down".

 

Transport Canada would be better served by terminating the employment of any inspector with alternative ideas of what "restrained" means...