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US Reg Radio station Lic Required |
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Tom Lansing - May 02,2006
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Will US registered aircraft have to get US FCC radio station license to fly Canada? I have been told both ways and FAA at Osh had no clue. Not that hot on spending 100 bucks if I don't need to.
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Eric Batterman - May 02,2006
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Tom, Here's the scoop from AOPA:<br /><br />Aircraft Radio Station Licenses and Pilot Radio Operator Certificates<br /><br />The subject of radio station licenses and radio operator certificates causes confusion each year, especially for pilots flying to the USA from Canada and to Canada from the USA. Let's deal with radio station licenses first.<br /><br />Most pilots know that both the USA and Canada eliminated the need to carry radio station licenses for their own aircraft in their own airspace a few years ago, but what about travel to the other country?<br /><br />ICAO Convention Article 29 details the documents that each nation is supposed to require for all aircraft. The ICAO Standard specifically states a radio station license and operator's permit are required if the aircraft is equipped with radios. However ICAO rules are not the law of the land — ICAO makes recommendations, and the nations that are signatories to the Convention agree to either follow the ICAO rules or let ICAO know that they have a 'difference' with the ICAO recommendations. Both the USA and Canada are signatories.<br /><br />In the USA the Federal Communications Commission (FCC) sets the rules. It does not require U.S.-registered aircraft flying in U.S. airspace to have a radio station license. It does require U.S.-registered aircraft that are flying outside of U.S. airspace to have a radio station license.<br /><br />Here is what the FCC regulation says:<br /><br />Title 47: Telecommunication, PART 87 — AVIATION SERVICES, Subpart B — Applications and Licenses<br />§87.18 Station license required.<br /><br /> 1. Except as noted in paragraph (b) of this section, stations in the aviation service must be licensed by the FCC either individually or by fleet.<br /> 2. An aircraft station is licensed by rule and does not need an individual license issued by the FCC if the aircraft station is not required by statute, treaty, or agreement to which the United States is signatory to carry a radio, and the aircraft station does not make international flights or communications. Even though an individual license is not required, an aircraft station licensed by rule must be operated in accordance with all applicable operating requirements, procedures, and technical specifications found in this part.<br /><br />U.S. Customs has been given the job of enforcing the FCC regulations for U.S.-registered aircraft entering the USA to see if they had one while flying internationally. Under U.S. law the station license is still required for U.S.-registered aircraft when entering the USA, although not for flying within the USA.<br /><br />Canadian aircraft entering and flying in the USA do not have to comply with §87.18 but do have to abide by the Canadian rules.<br /><br />The Canadian regulations are found in The Radiocommunication Act and the Radiocommunication Regulations made under the Act. Section 15.1 of the Radiocommunication Regulations says:<br /><br />Exemption of Radio Apparatus on Board an Aircraft<br />15.1<br /><br /> 1. This section applies in respect of an aircraft that is<br /> 1. registered or licensed under an Act of Parliament; or<br /> 2. owned by, or under the direction or control of Her Majesty in right of Canada or a province.<br /> 2. A radio apparatus that is operated on board an aircraft in the performance of the aeronautical service or the radiodetermination service is exempt from subsection 4(1) of the Act, in respect of a radio license, if<br /> 1. the operation of the radio apparatus occurs when<br /> 1. the aircraft is within Canada,<br /> 2. the aircraft is outside Canada and the territory of another country, or<br /> 3. the aircraft is in the territory of another country with which Canada has entered into a reciprocal agreement that confers similar privileges on Canadians.<br /><br />This means that Canadian-registered aircraft flying in Canada do not require a station license, but that Canadian aircraft flying in the airspace of any other country do require a station license, unless a reciprocal agreement is in effect exempting them. No reciprocal agreement has been signed with the USA.<br /><br />Neither Canada Customs nor Industry Canada inspectors (who have responsibility for enforcement of the Radiocommunication Regulations in Canada) have been asking to see station licenses for aircraft entering Canada or flying in Canada recently, but they can do so at any time. Transport Canada does not carry out 'ramp-check' inspections for radio licenses on foreign aircraft as those documents are Industry Canada's responsibility.<br /><br />So does a Canadian aircraft need a radio station license to fly in the USA? Legally the answer is 'yes.' Does a U.S. aircraft need a radio station license to fly in Canada? Legally the answer is also 'yes.'<br /><br />Now let's look at the pilot qualification — the radio operating certificate. Both the USA and Canada require radio operators certificates (the license for the person using the radio) under certain circumstances.<br /><br />In the USA the FCC issues a Restricted Radiotelephone Operators Permit for U.S. pilots but only for international use — they are not required while flying in the USA. There is no U.S. rule requiring a Canadian pilot to have a radio operating certificate while flying in the USA.<br /><br />In Canada the equivalent document is called a Restricted Radiotelephone Operators certificate or the newer term — Restricted Operator Certificate with Aeronautical Qualification. The Canadian Radiocommunication Regulations say:<br /><br /> 33. A person may operate radio apparatus in the aeronautical service, maritime service or amateur radio service only where the person holds an appropriate radio operator certificate.<br /><br />So an operating certificate is always needed wherever a Canadian pilot is operating a radio on a Canadian aircraft. There is no Canadian rule requiring a U.S. pilot to have a radio operating certificate while flying in Canada.<br /><br />In the U.S. enforcement of the requirement for a pilot to have a radio operating certificate when flying a U.S. aircraft coming back from an international flight is delegated to U.S. Customs.<br /><br />In Canada the responsibility to enforce the regulations requiring an operator's certificate is Industry Canada's. They have not been inspecting Canadian pilots recently to ensure that pilots are carrying this license, but can do so at any time. As with the station license TC does not 'ramp check' pilots for the operator's certificate as that is Industry Canada's responsibility.<br /><br />So does a U.S. radio operator require a Restricted Radiotelephone Operators Permit? By U.S. rules the answer is 'yes' at all times when they are flying outside of the USA. Does a Canadian radio operator require a Restricted Operator Certificate? The answer is 'yes' at all times in Canada and outside.
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John Robert Dunlop - May 02,2006
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Pursuant to section 507.05 of the Canadian Aviation Regulations, this document constitutes a validation of the Federal Aviation Administration Special Airworthiness Certificate - Experimental, for the purpose of operating a United States - registered amateur-built aircraft in Canadian airspace, subject to the following conditions:<br /><br />1. valid for the purpose of operating a United States - registered amateur-built aircraft in Canadian airspace;<br />2. the aircraft shall have a valid United States Certificate of Aircraft Registration;<br />3. the nationality and registration marks assigned to the aircraft by the Federal Aviation Administration shall be displayed on the aircraft in accordance with the requirements of the United States; <br />4. the aircraft shall have been issued with a Special Airworthiness Certificate - Experimental, for the purpose of operating an amateur-built aircraft;<br />5. the Special Airworthiness Certificate - Experimental shall be valid and shall be carried on board the aircraft;<br />6. compliance with the operating limitations, that are part of the Special Airworthiness Certificate - Experimental, is mandatory, provided those operating limitations do not limit or change the conditions herein imposed;<br />7. a copy of this validation shall be carried on board the aircraft when operating in Canadian airspace;<br />8. the general operating and flight rules of the Canadian Aviation Regulations shall be complied with when operating the aircraft in Canadian airspace;<br />9. except when otherwise directed by Air Traffic Control, or in the event of an emergency, all flights shall be conducted to avoid areas having heavy air traffic and to avoid cities, towns, villages, and congested areas, or any other area where the flights might create hazardous exposure to persons or property;<br />10. the operator of the aircraft shall advise Air Traffic Control of the nature of the flight when establishing communications;<br />11. the aircraft shall be operated under Day VFR only, unless the operating limitations issued for the aircraft authorize night or instrument flight (IFR) operations, in which case the aircraft shall be appropriately equipped in accordance with section 605.18 of the Canadian Aviation Regulations or 14 CFR part 91.205;<br />12. crew members shall be the holders of valid and subsisting pilot licences issued or endorsed by the United States or Canada and which are appropriate to their duties;<br />13. no person may be carried in this aircraft during flight unless that person has been advised of the content of this validation and of the airworthiness status of the aircraft;<br />14. persons or property shall not be carried on board the aircraft for hire or reward;<br />15. an aircraft operator, who is not the registered owner of the aircraft, shall carry a signed letter of authorization from the registered owner showing the owner’s permission for continued operation of the aircraft in Canadian airspace;<br />16. participation in a Canadian special aviation event is prohibited unless authorized pursuant to section 603.06 of the Canadian Aviation Regulations; and<br />17. this validation is valid for an indefinite period, unless superseded or canceled in writing by the Minister of Transport, provided the owner or operator of the aircraft complies with the operating conditions of this validation.<br /><br />D.B. Sherritt<br />Director,<br />Aircraft Maintenance and Manufacturing<br />For Minister of Transport<br />
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Robert Lee - May 03,2006
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Wow,<br /><br />The weather must be bad at your homes right now. Tom, forget the license, be very polite to official types and claim ignorance if asked. Works about 96% of the time. The main purpose of radio licenses was to keep track of people and transmitters that were capable of broadcasting to the population. The Internet has made it a very mute point.<br />
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Don Maxwell - May 03,2006
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Tom, I bought a radio license last year before flying to the Gaggle. When I arrived in Canada (at CYZR, Sarnia, Ont.), they didn't want to see it. I even tried to show it to them, but they said that even though the Canadian regs require it, so few US pilots have it that they usually don't remember to look at it.
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Tom Lansing - May 04,2006
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Yikes!!! I wonder if I need feet to walk in? Water wings to swim in. Glad to see the 'crats' have everybody confused as usual.
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