| (1) | A person shall not conduct a take-off in an aeroplane if such aeroplane’s mass— |
| (a) | exceeds an MTOM specified in an aeroplane flight manual for the pressure altitude and the ambient temperature at an aerodrome where a take-off is to be made; or |
| (b) | exceeds a landing mass specified in such an aeroplane’s flight manual for pressure altitude and ambient temperature at a destination aerodrome or alternate aerodrome after allowing for planned fuel consumption during a flight. |
| (2) | In the determination of MTOM referred to in subregulation (1)— |
| (a) | the required accelerate-stop distance shall not exceed the accelerate-stop distance available; |
| (b) | a required take-off run shall not exceed a take-off run available ; and |
| (c) | a required take-off distance shall not exceed a take-off distance available. |
| (3) | For the purposes of subregulation (2), the factors to be taken into account are— |
| (b) | specific operating procedures; |
| (c) | pressure altitude at an aerodrome; |
| (e) | runway slope in the direction of take-off; |
| (f) | not more than 50% of a reported headwind component or not less than 150% of a reported tailwind component; |
| (g) | loss of effective take off run available during runway alignment except where rolling take-offs are approved; |
| (h) | where a runway condition is other than bare and dry, an appropriate penalty based upon a runway condition or contaminants such as slope, ice, snow, slush, standing water, or water surfaces for seaplanes, shall be factored into the performance calculation; and |
| (i) | any other factor that may significantly affect aeroplane performance. |
| (4) | A person shall not conduct a take-off in an aeroplane unless such aeroplane is able, in the event of a critical engine failure or for any other reason, at any point in a take-off, either to discontinue such take-off and stop within an accelerate-stop distance available or to continue a take-off and clear all obstacles along a flight path by an adequate vertical or horizontal distance. |
| (5) | For the purposes of determining an accelerated stop distance, a PIC shall take into account a loss, if any, of runway length due to alignment of an aeroplane prior to take-off. |
| (6) | For the purpose of determining a resulting take-off obstacle accountability area, a PIC shall take into account the crosswind component and navigation accuracy. |
[Regulation 135.08.2 substituted by regulation 18(i) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
