More details about Matevz's Canada problems
From:
http://archive.copanational.org/non-members/Newsletter/2002/newsDec02A.htm
"In the end the flight was halted, not by any of those factors, but by Canadian Aviation Regulation 602.39 and a new legal opinion on it, as sought by Transport Canada just before Lenarcic departed on his flight.
CAR 602.39 requires that anyone flying a single engine aircraft from Canada transoceanic must have an instrument rating, and the aircraft must be IFR equipped, although not necessarily ?IFR Certified.? The aircraft must also have an HF radio, hypothermia protection and extra fuel reserves for the flight. Lenarcic had actually approached Transport Canada two years before his flight to ask if CAR 602.39 would apply to his flight. He received written assurance that it would not apply. At that time Transport Canada did not consider flights via Greenland to be ?Transoceanic.? The legal opinion that Transport Canada received from the Department of Justice indicated that they believed that flights via Greenland did constitute ?Transoceanic? flights.
It was only some five weeks before his departure, after more than two years of planning, that Transport Canada let Lenarcic know of the new legal opinion about the applicability of the CAR. At that point Lenarcic felt that it was too late in the planning process to either comply with the CAR or cancel the flight.
Lenarcic was lacking the instrument rating and some of the required equipment. Ultralight pilots do not generally have instrument ratings and Lenarcic?s CH 701 was not completely IFR equipped, although it had most of the instrumentation required.
Lenarcic flew to Canada hoping to find solution to the problem while here, but Transport Canada would not let Lenarcic depart Canada for Greenland without complying with all the requirements of CAR 602.39. This refusal by Transport Canada resulted in much diplomatic action that saw Transport Canada officials called to the Slovenian embassy in Ottawa and appeals for a resolution from the Slovenian Minister of Transport to the Canadian Minister of Transport. It also resulted in a huge flurry of domestic and worldwide press coverage, not about the flight itself, but of the intransigence of the Canadian government to allow this world record flight to continue. COPA was asked late in the proceedings to intervene in the matter, but was not able to facilitate a resolution.
As a result of this flight and its end, Canada now has a reputation amongst the international aviation community for bureaucracy that is unparalleled anywhere in the world.
Lenarcic spent many weeks in Canada trying to resolve the issue and ended up going home on an airline flight while his CH 701 remains parked in Canada.
During the many discussions with Transport Canada officials it was apparent that the only way to facilitate these sorts of flights in the future is through an amendment to the CARs. In examining this issue COPA can understand that the Canadian government does have some responsibilities in this area. In general, the CARs exist for reasons of the ?safety of the public? and also for ?the public interest.? In examining CAR 602.39 it is not obvious where it protects either of those issues in the case of these types of solo flights. There are no passengers to protect and little risk to persons on the ground (or high seas). The only ?public interest? argument that has been made to date by Transport Canada is that these flights may put Canadian SAR resources at risk, should a rescue be needed. This argument does not succeed when one considers that there are no such similar prohibitions on transoceanic sailing or boating and that Canadian SAR resources are launched on a regular basis to rescue boaters in the North Atlantic. If boats were similarly restricted then this CAR might be seen as at least consistent.
As it is currently written, this CAR imposes very high standards on world record flights and other long distance non-commercial flights. The sole argument for the existence of this CAR seems to be to protect unsuspecting passengers from these risks. COPA does understand this concern and supports the need to reduce exposure for non-crew members on these types of flights but the onerous restrictions on personal freedoms posed by this CAR are not justified. Based on these concerns, COPA has made the request to Transport Canada that CAR 602.39 be amended to affect only those flights that carry passengers and that flights with only essential crew on board be permitted to depart Canada without complying with the onerous requirements of CAR 602.39."