agent means an organisation contracted by an AOC holder to provide initial training to its FCMs.
currency time means the period of time that is the appropriate interval at which an AOC holder requires recurrent training to occur under paragraph 15.6.
Note For example, the interval may be every 18 months, or every 24 months. Further guidance is provided in CAAP 48-1.
initial training means fatigue-related risk training relevant to a person’s duties as an FCM.
registered training organisation has the same meaning as in the Dictionary in CASR 1998.
Note Registered training organisation means a training organisation listed on the National Register as a registered training organisation.
15A.2This subsection applies to an AOC holder (the current AOC holder) for an FCM (a new FCM) who becomes a new employee of the current AOC holder.
15A.3Subject to paragraph 15A.4, the references to initial training in paragraphs 15.3 and 15.7 do not apply to the current AOC holder for a new FCM who has successfully completed initial training (the prior initial training) with:
(a) a different AOC holder or its agent; or
(b) the current AOC holder or its agent when previously employed by the current AOC holder; or
(c) a registered training organisation capable of delivering initial training.
15A.4Paragraph 15A.3 does not apply unless:
(a) the prior initial training was completed within the currency time immediately before the new FCM becomes employed by the current AOC holder; and
(b) the current AOC holder is satisfied that:
(i) the prior initial training complied with the requirements of subparagraph 15.5 (a) and sub-subparagraphs 15.5 (b) (i) to (iii); and
(ii) the new FCM complied with the requirements of paragraph 15.7 for the prior initial training; and
(c) the satisfaction mentioned in subparagraph (b) is based on authentic records proving the matters mentioned in sub-subparagraphs (b) (i) and (ii); and
(d) within 4 weeks of the new FCM being employed by the current AOC holder — the new FCM has successfully completed an induction course to inform him or her of any fatigue-related risks and information specific to the current AOC holder; and
(e) the records mentioned in subparagraph (c), and details of the induction course mentioned in subparagraph (d), are:
(i) included with the new FCM records mentioned in paragraph 15.8; and
(ii) retained for at least the period mentioned in paragraph 15.9.
[43] Paragraphs 16.1 and 16.2
16.1It is a condition on each flight crew licence that the licence holder must not operate an aircraft if, considering the circumstances of the flight to be undertaken, a reasonable person in the FCM’s position would consider that he or she is suffering from, or is likely to suffer from, fatigue which may so impair performance that the safety of the operation may be affected.
Note 1 An FCM employed by an AOC holder should utilise off-duty periods and adaptation periods to obtain an amount of sleep sufficient to support the appropriate and safe discharge of duties during his or her next rostered FDP or standby. This should involve a careful and responsible evaluation of the FCM’s personal circumstances, including, for example, the implications of secondary employment, long-distance travel, and exposure to stress or illness.
Note 2 An FCM employed by an AOC holder in an augmented crew operation should utilise in-flight rest opportunities to adequately manage their alertness for the remaining portion of the FDP.
16.2Subject to paragraph 16.3, it is a condition on each flight crew licence that an FCM employed by an AOC holder must, before or during any FDP (as the case requires), inform the AOC holder of any adverse matter.
16.2A For paragraph 16.2, an adverse matter means any matter that a reasonable person in the FCM’s position would consider likely to adversely affect his or her ability to meet:
(a) the AOC holder’s fatigue risk management policies; or
(b) the limits and requirements of the Appendix or Appendices that the holder has chosen to apply to the FCM; and
includes the matters mentioned in paragraph 16.2B.
16.2B Matters that may be adverse matters include the following:
(a) insufficient sleep during sleep opportunities before an FDP commences;
(b) secondary employment engaged in by the FCM;
(c) the FCM living a long distance from base or otherwise having to travel a long distance to report for duty;
(d) any other matter affecting the FCM or connected with the FDP.
[44] Appendix 1, clause 2
2 FDP and flight time limits
2.1An FCM may only be assigned an FDP that is between the following times:
(a) the earlier of the following:
(i) the beginning of morning civil twilight on a day;
(ii) 0700 hours local time on the day; and
(b) 0100 hours (local time at the location where the FDP commenced) on the following day.
2.2 Subject to subclauses 2.1, 2.3 and 2.4, an FCM may be assigned an FDP that is not longer than 9 hours.
2.3 If an FCM is assigned an FDP that is to commence before 0600 hours local time, being after the beginning of morning civil twilight — the assigned FDP must not be longer than 8 hours.
2.4 If an FCM is assigned an FDP that is to commence at or after 1400 hours local time — the assigned FDP must not be longer than 8 hours.
Note If an FDP commences after 1700 hours on a day, the FDP must be less than 8 hours because, under paragraph 2.1 (b), an FDP must not end later than 0100 hours on the following day (all times being local time at the commencing location).
2.5 An FCM may be assigned an FDP that finishes after 2200 hours local time (a late FDP) only if not more than 3 late FDPs are assigned to the FCM in any 168 consecutive hours.
2.6For any FDP, an FCM must not be assigned flight time that is longer than 7 hours (the flight time limit).
2.7 An FCM must not exceed the flight time limit, or an FDP limit mentioned in subclause 2.2, 2.3 or 2.4, except in accordance with clause 3.
[45] Appendix 1, subclause 3.1, the chapeau
3.1An FDP limit mentioned in clause 2 may be extended by up to 1 hour if:
[46] Appendix 1, paragraph 3.1 (d)
omit
extension.
extension; and
(e) the FDP, after it has been extended, will finish no later than 0100 hours (local time at the location where the FDP commenced) of the following day.
Note The effect of subclause 2.1 and paragraph 3.1 (e) is that an FDP cannot be extended if the FDP was assigned to finish at 0100 hours (local time at the location where the FDP commenced) on the day following the FDP’s commencement.
[47] Appendix 1, subclause 3.2, the chapeau
3.2 A flight time limit mentioned in clause 2 may be extended by up to 30 minutes if:
[48] Appendix 1, after subclause 3.2
3.3An FDP limit must not be extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 5.
3.4Despite subclause 3.3, if:
(ii) the cumulative flight time limits in clause 5;