Mr. Iler,

The Tripartite Agreement states that noise levels are to be calculated in accordance with ICAO Annex 16, Chapter 5 and Appendix 2.
YOU have "overlooked" Annex 16, Chapter 5, under 5.5 which **PERMITS** “Trade-Offs” for the three various noise levels.
“If the maximum noise levels are exceeded at one or two measurement points”:
any excess at any single point shall not be greater than 2 EPNdB;
the sum of excesses shall not be greater than 3 EPNdB; and, any excesses shall be offset by corresponding
reductions at the other point or points.”

Therefore, as the TriPartite agreement does NOT prohibit averaging and in fact reiterates that ICAO standards and methods be used for calculations, CAIR is clearly wrong. The Dash 8-402 that Porter has been using DOES NOT meet the criteria for an excessively noisy aircraft.

Secondly, while a Minister of Transportation may have provided the quote to CAIR that the Dash 8-400 is not STOL, this completely ignores the fact that the Dash 8-400 has been safely operating from Island Airport STOL runways and meeting STOL criteria as outlined by Transport Canada. In my opinion, the difference is that, based on the current Transport Canada definition, STOL is no longer an aircraft model by model based criteria - i.e. this aircraft is/isn't STOL. But rather, STOL is an aircraft performance criteria that states -"An aircraft that, at some weight within its approved operating weight, is capable of operating from a STOL runway in compliance with the applicable STOL characteristics and airworthiness, operations, noise, and pollution standards."

This definition clearly and legally opens up the possibility of non-STOL designated aircraft operating in a STOL environment. The Dash 8-400 obviously has been meeting these criteria for years. And while it may not be an officially designated STOL aircraft, it certainly has proven the capability to safely operate within the definition of such aircraft. The Dash 8-400 meets current Transport Canada STOL operational criteria, therefore meeting the STOL requirement of the TriPartite Agreement, therefore being legal at the Island Airport.

Mr. Iler, I think you have done a wonderful job of giving people just enough information to rationalize your points of view but somehow excluding those facts that contradict your assertions. It might be time for some cognitive dissonance on your part so that CAIR might acknowledge competing interpretations.

It is clear that the CAIR position on Dash 8 noise and STOL, as proposed by Mr. Iler, is incorrect. Once again, I reiterate, if Mr. Iler's statements were accurate, then the City of Toronto (as a signatory to the TriPartite Agreement) under David Miller, would have surely pursued legal action to stop Porter before the first aircraft took off. Much to Mr. Iler's chagrin, this has never happened.

Take Care!
Joe