I’m not trying to mislead anyone with my comments. At least that’s not my intention. This is supposed to be about the C series. But since we seem to be headed off in a totally different direction...
FAA regulations certainly DON’T apply in Canada, but I’ll try to give you my understanding of CFR 14 (I’m not a lawyer, nor am I an expert, and I certainly stand to be corrected, but I’ll give it a shot). CFR 14 contains pretty much all the air transportation FARs and is a compilation of Federal Regulations authored by the United States Government, and enforceable in the U.S., NOT in Canada. Regulations found in CFR 14 apply to domestic and foreign N-registered aircraft.
my apology in advance if that sounds like I'm trying to teach you how to suck eggs
“Many aircraft include FAA CFRs as part of their certification basis.”
If you mean Transport Canada regulations closely mirror the FARs, then yes, I agree there are numerous similarities between the two but separate certification processes. The same applies to the Australians, Europeans, Japanese, Chinese, you name whatever Sovereign State you like. The FAA regulations don’t apply in those countries either. But in many cases, I think you’re saying those states either accept or mirror the FARs.
FAA ADs don’t apply outside the U.S. either except for N-registered aircraft. Unless Transport Canada accept and issue their own AD to match the FAA AD. Without that, I don’t think anyone here is obliged to comply. I’m not saying it would be smart to not comply, but even the non-compliant C-registered aircraft flying from Toronto to Dallas falls under the CARs not the FARs.
As I said, FAA ACs are advisory and don’t carry much weight outside the U.S. unless you’re flying an N-registered aircraft with an FAA certificate, but the same process ( I believe ) is in play in Canada. That is, if TC agree with the content of an FAA AC, then they will likely issue a similar AC for Canadians.
The C series will undergo FAA, Transport Canada and EASA certification very shortly. Each state will issue their own type certificate for the aircraft based on their own regulations which may closely resemble FAR 25 requirements anyway. I’m sure the FAA will certify it under the FARs, not the CARs and anyone flying an N-registered C series will have to comply with CFR 14, FARs, ADs, and ACs.
If that’s your point, we’re having an agreement.
“Furthermore, US operators that enter foreign airspace are still obligated to follow the applicable FAA rules as well as the applicable foreign rules.”
Yes, I know that. Again, N-registered aircraft.
“If you meant to state that FAA issued ADs against aircraft manufactured outside the US and not ever operating in the US, then you are (partially) correct. An AD issued by the FAA on a domestic aeronautical product DOES apply in Canada.”
Again, only if it’s N-registered. What about an N-registered A330, DH8, or EMB70.
“Nope nope. FAA Advisory Circulars are accepted by TCCA as acceptable means to establish compliance with the related standards.”
Therefore, TC will likely issue a similar AC to Canadians. Not the FAA.
“When aircraft are type certified in foreign countries these days, there is often a corresponding foreign AFM. Each country can place whatever requirements they like as conditions of type certification. There is no obligation on the part of the state of origin to follow suit unless that foreign country places specific restrictions on foreign operators and includes it (in the case of the US) in CFR 129.”
I'm not sure about the CFR 129 part, but I think CFR 129 pertains more to bilateral agreements between nations covering such things as the foreign carrier or operator leasing N-registered aircraft internationally (Saudia for example), but that’s semantics.
great conversation btw,
Gino Under
, Very Funny Rockie. Most of the stuff on this site is garbage, but that made my day. I can't believe I just wasted 10mins reading all of Chris Russell's tweets.
