Civil Aviation Order 48.1 Instrument 2013

PART 1 GENERAL

1 Name of instrument

This instrument is the Civil Aviation Order 48.1 Instrument 2013.

2 Commencement

2.1 This instrument commences on 30 April 2013.

2.2 Despite paragraph 2.1, the provisions of this instrument take effect for an AOC holder, an FCM and a Part 141 operator in accordance with subsections 4, 4A and 4B.

3 Repeals

3.1 On 26 March 2020, each of the following Civil Aviation Orders (CAOs) is repealed, namely CAO 48.0, CAO 48.1, CAO 48.2, CAO 48.3 and CAO 48.4.

3.2 To avoid doubt, on 26 March 2020, each of the following Civil Aviation Amendment Orders (CAAOs) is repealed, namely CAAO (No. R47) 2004, CAAO (No. R48) 2004, CAAO (No. R49) 2004, CAAO (No. R50) 2004 and CAAO (No. R51) 2004.

3.3 To avoid doubt, on 26 March 2020, each CAO mentioned in paragraph 3.1, and each CAAO mentioned in paragraph 3.2, as continued in force by subregulation 335 (2) of CAR 1988 as if it had been made on 1 September 2014 under regulation 210A of CAR 1988, is repealed.

4 Delayed and transitional taking of effect

4.1A In this subsection:

the transition date means:

(a) 30 September 2019 — for the regular public transport operations, in high capacity aircraft, of any AOC holder to whom Civil Aviation Order (CAO) 82.5 applies; and

Note A “high capacity aircraft” is defined in subsection 2 of CAO 82.0 as “an aircraft that is certified as having a maximum seating capacity exceeding 38 seats or a maximum payload exceeding 4 200 kg”.

(b) 26 March 2020 — for operations of any AOC holder that are not described in paragraph (a).

4.1 This Order takes effect on 30 April 2013 for the following:

(a) a person who, on or after the commencement of this Order:

(i) applies to CASA for the issue of an AOC; and

(ii) as a result of the application — becomes the holder of an AOC (an AOC holder);

(b) each flight crew member of a person mentioned in subparagraph (a);

(c) for paragraph 16.1 — each person who:

(i) immediately before the commencement of this Order was the holder of a flight crew licence; or

(ii) on or after the commencement of this Order becomes the holder of a flight crew licence.

4.2 Despite subsection 3, on and after the commencement of this Order the Orders mentioned in a paragraph of subsection 3 are taken to no longer apply to the following:

(a) a person mentioned in sub-subparagraph 4.1 (a) (i) — if, after the commencement of this Order, but before the transition date, the person becomes an AOC holder mentioned in sub-subparagraph 4.1 (a) (ii);

4.3 Subject to paragraph 4.4, this Order applies to an AOC holder (a transitional AOC holder) on and from the transition date if the holder has held an AOC since immediately before the commencement of this Order.

4.4 At any time after commencement of this Order but before the transition date, a transitional AOC holder may tell CASA in writing that the holder intends to comply with the requirements of this Order from a specified date that is before the transition date, for all of the holder’s operations or for specified operations only.

Note The holder may notify different dates for specified operations.

4.5 Where paragraph 4.4 applies, the requirements of this Order take effect, from the specified date, for all of the holder’s operations, or for specified operations only, as the case may be, for:

(a) the transitional AOC holder; and

(b) each of the holder’s flight crew members.

4.6 If paragraph 4.5 applies then, despite subsection 3, from the date specified by the transitional AOC holder under paragraph 4.4:

(a) the Orders mentioned in a paragraph of subsection 3; and

(b) any exemption issued to the transitional AOC holder under paragraph 4.1 of CAO 48.1 and in force;

are each taken to no longer apply to:

(c) the holder; or

(d) any flight crew member of the holder;

for all of the holder’s operations or for specified operations only, as the case may be.

4.7 Paragraphs 4.4, 4.5 and 4.6 apply to a person:

(a) who, before the commencement of this Order, applied to CASA for the issue of an AOC (a relevant AOC); and

(b) who, as a result of the application, was issued with a relevant AOC after the commencement of this Order;

as if the person were a transitional AOC holder on and from the date of issue of the relevant AOC.

4.8 To avoid doubt, this subsection does not apply to a Part 141 operator.

4A Taking of effect for authorised Part 141 operators

4A.1 Subject to subsection 4B, this Order takes effect on and from 1 September 2014 for:

(a) an authorised Part 141 operator; and

4A.2 Subject to subsection 4B, despite subsection 3, on and after 1 September 2014, the Orders mentioned in a paragraph of subsection 3 are taken to no longer apply to the following:

(a) a Part 141 operator;

4B Delayed and transitional taking-of-effect for grandfathered Part 141 operators

4B.1A In this subsection:

the transition date means 26 March 2020.

4B.1 This subsection applies to each of the following (a grandfathered Part 141 operator):

(a) a Part 141 operator who between the beginning of 30 April 2013 and the end of 31 August 2014 continuously held an AOC;

(b) a Part 141 operator who, before 30 April 2013, applied for an AOC which was:

(i) issued after 30 April 2013; and

(ii) continuously held between the date it was issued and the end of 31 August 2014.

4B.2 Subject to paragraph 4B.3, this Order applies to a grandfathered Part 141 operator on and from the transition date.

4B.3 At any time on or after 1 September 2014, but before the transition date, a grandfathered Part 141 operator may tell CASA in writing that the operator intends to comply with the requirements of this Order from a specified date that is before the transition date, for all of the operator’s operations or for specified operations only.

Note The holder may notify different dates for specified operations.

4B.4 Where paragraph 4B.3 applies, the requirements of this Order take effect, from the specified date, for:

(a) the grandfathered Part 141 operator; and

(b) each of the operator’s flight crew members.

4B.5 If paragraph 4B.4 applies then, despite subsection 3, from the date specified by the grandfathered Part 141 operator under paragraph 4B.3:

(a) the Orders mentioned in a paragraph of subsection 3; and

(b) any exemption issued to the grandfathered Part 141 operator under paragraph 4.1 of CAO 48.1 and in force;

are each taken to no longer apply to:

(c) the operator; or

(d) any flight crew member of the operator.

5 Application

5.1 Subject to paragraph 5.3, this Order applies, according to its terms, to:

(a) each AOC authorising Part 141 flight training (except in a flight simulation training device), Part 142 activity (except in a flight simulation training device), aerial work operations, charter operations or regular public transport operations; and

Note Part 141 flight training is conducted by a Part 141 operator, that is, by the holder of a Part 141 certificate: see subsection 2. Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4.

(b) each flight crew member employed by an AOC holder.

5.2 Subject to paragraph 5.3, this Order sets out:

(a) for paragraph 28BA (1) (b) of the Act — conditions on each AOC mentioned in subparagraph 5.1 (a) (other than a Part 141 certificate that, for this Order, is included in the meaning of an AOC under paragraph 6.4; and

(b) for subregulation 11.068 (1) of CASR 1998 — conditions on each Part 141 certificate that, for this Order, is included in the meaning of an AOC under paragraph 6.4; and

Note Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4. However, conditions on an actual AOC are imposed under paragraph 28BA (1) (b) of the Act, and conditions on an actual Part 141 certificate are imposed under subregulation 11.068 (1) of CASR 1998.

(c) for subregulation 11.068 (1) of CASR 1998 — conditions on the flight crew licence of each flight crew member mentioned in subparagraph 5.1 (b).

5.3 The condition set out in paragraph 16.1 applies to the holder of a flight crew licence whether or not the person is employed by an AOC holder.

Note Under regulation 11.077 of CASR 1998, it is an offence for a person holding a flight crew licence to contravene a condition of the licence.

6 Definitions

6.1 In this Order:

access, in a provision referring to 1 or more of the following (necessities):

(a) a crew rest facility;

(b) suitable sleeping accommodation;

(c) suitable resting accommodation;

(d) adequate sustenance;

means that there is no restriction on, or impediment to, a flight crew member’s immediate and actual use of the necessity:

(e) in accordance with the provision; or

(f) if the provision is a definition — in accordance with a provision which uses the defined term.

acclimatised has the meaning given in subsection 7.

acclimatised time means local time at the location where an FCM is acclimatised.

Act means the Civil Aviation Act 1988.

adaptation period means a continuous off-duty period for an FCM to become acclimatised to a particular location.

adequate sustenance means food and drink, including clean drinking water, in quantities sufficient to reasonably sustain a person in the person’s circumstances.

AOC means an Air Operator’s Certificate.

Note Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4.

AOC holder, or holder, means the holder of an Air Operator’s Certificate issued under Part III, Division 2, of the Act.

approval means approval in writing.

assigned means assigned by the AOC holder to his or her FCM.

Note For example, the AOC holder assigns to the FCM duty, standby, a home base, a flight duty period, a reporting time.

augmented crew operation means an aircraft operation in which 1 or more FCMs, additional to the minimum required number of FCMs, are engaged in a flight to allow 1 or more FCMs to be relieved of duty during flight time.

authorised Part 141 flight training has the same meaning as in subregulation 141.015 (2) of CASR 1998 but does not include flight training that is conducted in a flight simulation training device as the exclusive form of training conducted by the operator.

authorised Part 142 activity has the same meaning as in subregulation 142.015 (3) of CASR 1998 but does not include flight training that is conducted in a flight simulation training device as the exclusive form of training conducted by the operator.

balloon flying training means an aerial work operation for the commercial purpose prescribed in subparagraph 206 (1) (a) (vi) of CAR 1988.

bed, for suitable sleeping accommodation, includes at least 1 pillow, clean bed linen, and bed covering appropriate for the temperature of the accommodation.

call out means being required by an AOC holder to commence a duty period during a standby.

CAR 1988 means the Civil Aviation Regulations 1988.

CASR 1998 means the Civil Aviation Safety Regulations 1998.

Chief Executive Officer means the person who is:

(a) if the AOC holder is an individual — that individual; or

(b) if the AOC holder is a corporation — the person (however described) whom CASA was satisfied, for subparagraph 28 (1) (b) (iv) of the Act (and the definition of key personnel in subsection 28 (3) of the Act), could hold or carry out the duties of the AOC holder’s chief executive officer.

complex operation means an operation which involves 1 or more of the following:

(a) an FDP with a displacement time of 2 hours or more;

(b) an augmented crew operation;

(c) an FDP that commences when the FCM is:

(i) in an unknown state of acclimatisation; or

(ii) acclimatised to a location other than the location where the FDP commences.

Note AOC holders should consider the impact of Daylight Saving Time on local time differences for relevant locations because Daylight Saving Time may have an impact on whether or not an operation is complex.

consecutive, in relation to the hours or days of a period of time mentioned in a provision of this Order, means a continuous, unbroken, period of time for the duration of the hours or days mentioned.

crew member has the same meaning as in the Regulations.

Note Under regulation 2 of CAR 1988, crew member means a person assigned by an operator for duty on an aircraft during flight time, and any reference to crew has a corresponding meaning.

crew rest facility means a facility on board an aircraft available to an FCM for the FCM to obtain rest or sleep, and classified as follows:

(a) class 1 means a bunk or other surface that:

(i) allows for a horizontal sleeping position; and

(ii) is located separate from both the flight deck and passenger compartment in an area that:

(A) is temperature-controlled; and

(B) allows the FCM to control light; and

(C) provides isolation from noise and disturbance;

(b) class 2 means a seat in an aircraft cabin that:

(i) allows for a horizontal or near-horizontal sleeping position; and

(ii) is separated from passengers by at least a curtain that provides darkness and some noise mitigation, and

(iii) is reasonably free from disturbance by passengers or crew members;

(c) class 3 means a seat in an aircraft cabin or flight deck that:

(i) reclines at least 40 degrees from the vertical plane; and

(ii) provides leg and foot support in the reclined position.

cruise means the period of a flight from not less than 30 minutes after take-off until not less than 60 minutes before the estimated time of landing.

cumulative duty means the progressive sum of duty periods.

cumulative flight time means the progressive sum of flight time, excluding flight time accrued during recreational private operations.

day means the period between local midnight at home base and the subsequent local midnight at home base.

displacement time means the difference in local time between:

(a) the place where an FCM commenced an FDP; and

(b) the place where the FCM undertakes an off-duty period following the FDP.

duty means any task that a person who is employed as an FCM is required to carry out associated with the business of an AOC holder.

duty period means a period of time which starts when an FCM is required by an AOC holder to report for duty, and ends when the FCM is free of all duties.

employment includes employment under a contract for services.

fatigue, for an FCM, means a physiological state of reduced alertness or capability to perform mental or physical tasks, which:

(a) may impair the ability of the FCM to safely operate an aircraft; and

(b) is caused by 1 or more of the following:

(i) the FCM’s lack of sleep;

(ii) the FCM’s extended wakefulness;

(iii) the FCM’s circadian phase at any relevant time;

(iv) the FCM’s workload of mental activities, or physical activities, or mental and physical activities at any relevant time.

fatigue risk management system (or FRMS) means a comprehensive system for managing fatigue-related risks that:

(a) includes all of the elements set out in Appendix 7; and

(b) is approved for implementation by CASA.

flight crew licence:

(a) until immediately before 1 September 2014 — has the meaning given in subregulation 2 (1) of CAR 1988; and

(b) on and from 1 September 2014 — means a flight crew licence within the meaning of regulation 61.010 of CASR 1998.

flight crew member (or FCM) has the same meaning as in the Regulations. The abbreviation FCMs means more than 1 FCM.

Note Under subregulation 2 (1) of CAR 1988, flight crew member means a licensed crew member charged with duties essential to the operation of an aircraft during flight time, and any reference to flight crew has a corresponding meaning.

flight duty period (or FDP) means a period of time which:

(a) starts when a person is required by an AOC holder to report for a duty period in which 1 or more flights as an FCM are undertaken; and

(b) ends not less than 15 minutes after the end of the person’s final flight as an FCM.

Note See also the definition of positioning.

flight time has the same meaning as in the Regulations.

Note Under subregulation 2 (1) of CAR 1988, flight time means:

(a) in the case of a heavier-than-air aircraft — the total time from the moment at which the aircraft first moves under its own power for the purpose of taking-off, until the moment at which it comes to rest after landing; and

(b) in the case of a lighter-than-air aircraft — the total time from the moment at which the aircraft first becomes airborne until it comes to rest on the ground, excluding any time during which the aircraft is moored.

FRMS Manager means the person in an AOC holder’s organisation who is appointed by the Chief Executive Officer to be responsible for the day-to-day implementation, management and continuing effectiveness of the AOC holder’s FRMS.

home base means the location, assigned by the AOC holder to the FCM, from where the FCM normally starts and ends a duty period or a series of duty periods.

in-flight rest means, in an augmented crew operation, the period of time, or periods of time, during which an FCM has access to a crew rest facility.

late night operation means an operation where an FDP includes more than 30 minutes between the hours of 2300 and 0530 local time at the location where the FCM is acclimatised.

Note If an FCM is in an unknown state of acclimatisation, an operation in the time frame mentioned in the definition is not considered to be a late night operation.

local night means a period of 8 consecutive hours which includes the hours between 2200 and 0500 local time.

multi-pilot operation means an aircraft operation conducted under multi-pilot procedures contained in the AOC holder’s operations manual.

off-duty period means a period of time during which an FCM is free of all duties and standby associated with his or her employment.

Part 141 certificate has the same meaning as in subregulation 141.015 (4) of CASR 1998.

Note In subregulation 141.015 (4) of CASR 1998, a Part 141 certificate is defined as a certificate issued under regulation 141.060 of CASR 1998. Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC is taken to include a Part 141 certificate: see paragraph 6.4.

Part 141 operator has the same meaning as in subregulation 141.015 (3) of CASR 1998.

Note In subregulation 141.015 (3) of CASR 1998, a Part 141 operator is defined as the holder of a Part 141 certificate. Except in paragraph 2.2 and subsections 4, 10, 11 and 11B, a reference in this Order to an AOC holder, is taken to include a Part 141 operator: see paragraph 6.4.

Part 142 operator has the same meaning as in subregulation 142.015 (4) of CASR 1998.

positioning is defined in paragraph 6.2.

public transport service has the same meaning as in the Regulations.

Note Under subregulation 2 (1) of CAR 1988, public transport service means a service for the carriage of persons or cargo for hire or reward.

reassign means to assign to an FCM in a modified form that which had previously been assigned to the FCM.

recreational private operation means flying conducted by an FCM in a personal capacity, and at and for the FCM’s leisure.

Note A flight conducted by an FCM as a private operation is not a recreational private operation if it is conducted for, or on behalf of, an entity, regardless of whether or not the entity is an AOC holder.

Regulations means the Civil Aviation Regulations 1988 (CAR 1988) and the Civil Aviation Safety Regulations 1998 (CASR 1998) read together in accordance with regulation 2C of CAR 1988.

reporting time means the time assigned to an FCM to report for an FDP.

roster means a list made available to an FCM by an AOC holder setting out the times when the FCM is assigned to undertake duties or standby.

sector, for this Order, has the following meanings:

(a) any flight consisting of a take-off and a landing;

(b) each hour, or each part of an hour, the FCM spends flight training in a synthetic training device.

sleep opportunity means a period of time during an off-duty period when an FCM:

(a) is not meeting the reasonable requirements of bodily functioning such as eating, drinking, toileting, washing and dressing; and

(b) has access to suitable sleeping accommodation without, under normal circumstances, being interrupted by any requirement of the AOC holder.

Note When an FCM is interrupted during sleep opportunity, this may affect the FCM’s fitness for duty before the commencement of, or during, the next FDP.

SMS means a safety management system approved by CASA.

split duty means an FDP which contains a split-duty rest period.

split-duty rest period means a predefined period of time (or, for Appendix 5, a period of time that may or may not be predefined) during which an FCM:

(a) has access to suitable resting accommodation or suitable sleeping accommodation; and

(b) is relieved of all duties associated with his or her employment by the AOC holder.

standby means a period of time during which an FCM:

(a) is required by an AOC holder to hold himself or herself available for duties; and

(b) has access to suitable sleeping accommodation.

suitable resting accommodation means a comfortable resting area:

(a) which has a comfortable temperature and minimal noise levels; and

(b) which contains at least a comfortable chair; and

(c) at which the FCM has access to adequate sustenance at times appropriate to the duty requirements.

Note Suitable resting accommodation is solely for split-duty rest periods. Suitable sleeping accommodation may also be used for split-duty rest periods.

suitable sleeping accommodation means accommodation not within an aircraft, consisting of facilities conducive to sleep, including the following:

(a) a comfortable self-contained room or compartment;

(b) a single occupancy, at the discretion of the FCM;

(c) clean, tidy and hygienic facilities;

(d) a bed that is comfortable, flat and horizontal, allowing the occupant to sleep on his or her stomach, back or either side;

(e) minimum noise levels, including low occurrence of random noise;

(f) facilities to control light, temperature and ventilation;

(g) access to adequate sustenance.

Note A person’s home or residence is considered to meet the requirements of suitable sleeping accommodation.

synthetic training device has the same meaning as in the Regulations.

Note Under the dictionary in CASR 1998, synthetic training device means a flight simulator, a flight training device, or a basic instrument flight trainer.

time zone means a defined region of the earth with a uniform local time which differs by 1 hour, or by part of 1 hour, from the uniform local time of an adjoining region of the earth.

unforeseen operational circumstance means an unplanned exceptional event that becomes evident after the commencement of the FDP, such as unforecast weather, equipment malfunction, or air traffic delay.

Note Guidance on the application of unforeseen operational circumstances is contained in CAAP 48-1.

written application, for an approval, means the written application of the AOC holder who is seeking the approval.

6.2 For this Order, positioning, for a person who is employed as an FCM:

(a) means being transported, as a passenger, to a location, by any mode of transportation, as required by the AOC holder; and

(b) does not include being transported to or from suitable accommodation after or before an FDP; and

(c) if undertaken immediately before duty that includes the person flying an aircraft as an FCM (flying duty) — must be considered part of his or her FDP; and

(d) if undertaken immediately after the person’s flying duty and no other flying duty is to be conducted in the duty period — is not part of his or her FDP or off-duty period.

Note The time spent positioning following an FDP, as described in subparagraph 6.2 (d), is not part of the FDP or off-duty period. However, it is added to the FDP for calculating off‑duty period requirements. See, for example, clause 9 in Appendix 2.

6.3 The expression, the operations manual, when used in a provision of this Order means the operations manual of the AOC holder to whom the provision applies.

6.4 In this Order:

(a) other than in paragraph 2.2 and subsection 4 — a reference to an AOC is taken to include a Part 141 certificate; and

(b) other than in paragraph 2.2 and subsections 4, 10, 11 and 11B — a reference to an AOC holder, or a holder, is taken to include a Part 141 operator; and

(c) other than in paragraph 2.2 and subsections 4, 10, 11 and 11B — a reference to an FCM of an AOC holder (however described), is taken to include an FCM of a Part 141 operator.

Note For limits and requirements, subsection 12 deals specifically with Part 141 operators.

7 Determination of acclimatisation

7.1 At the commencement of an FDP or an off-duty period at a location, an FCM must be considered to be acclimatised to the location if:

(a) the location differs by less than 2 hours from the location where the FCM was last acclimatised; and

(b) the FCM has remained in an acclimatised state since he or she was last acclimatised.

Note AOC holders and FCMs should be aware that a determination of acclimatisation under this definition may impact on an individual’s body clock to a small degree. For guidance on acclimatisation, AOC holders and FCMs should refer to CAAP 48-1.

7.2 At the commencement of an FDP or an off-duty period (a period) at a new location which differs in time by 2 hours or more from the location where the FCM was last acclimatised (the original location), the FCM is considered to remain acclimatised to the original location if the period at the new location commences less than 36 hours after the FCM commenced a duty period at the original location.

7.3 At the commencement of an FDP or an off-duty period (a period) at a new location which differs in local time by 2 hours or more from the location where the FCM was last acclimatised (the original location), the FCM is considered to be in an unknown state of acclimatisation if the period at the new location commences 36 hours or more after the FCM commenced a duty period at the original location.

7.4 An FCM is considered to remain in his or her state of acclimatisation (whether acclimatised to a particular location, or in an unknown state of acclimatisation) until he or she has had:

(a) an adaptation period in a location (the adaptation location) in accordance with Table 7.1 in this subsection; or

(b) an adaptation period that is:

(i) in a location other than home base; and

(ii) in accordance with subparagraph (a); and

(iii) reduced by 12 hours for each previous off-duty period that:

(A) immediately preceded the adaptation period; and

(B) was taken at an off-duty location which differs in local time by less than 2 hours from the adaptation location; and

(C) included an off-duty location local night.

7.5 In applying Table 7.1 to arrive at an adaptation period for paragraph 7.4:

(a) determine the time zone displacement between:

(i) the location where the FCM was last acclimatised (the original location); and

(ii) each location where an FDP or off-duty period was commenced since last acclimatised (later locations); and

(b) then choose the time zone displacement between the original location and whichever of the later locations gives the greatest time zone displacement; and

(c) then choose the time zone change in the Table that corresponds to the greatest time zone displacement; and

(d) then choose the direction (west or east) in which the FCM travelled and in which, therefore, the greatest time zone displacement occurred under subparagraph (b); and

(e) then choose the number of hours west or east (as the case requires) that corresponds to the time zone change chosen under subparagraph (c).

Table 7.1 Adaptation period to become acclimatised

Note 1 Adaptation period means a continuous off-duty period for an FCM to become acclimatised to a particular location.

Note 2 An adaptation period under paragraph 7.4 may commence before the time when
an FCM comes to be in an unknown state of acclimatisation.

Note 3 For guidance in determining acclimatisation, including examples of how an FCM becomes reacclimatised in accordance with paragraph 7.4, AOC holders and FCMs should refer to CAAP 48-1.

PART 2 CONDITIONS

8 General condition on Air Operators’ Certificates

Each Air Operator’s Certificate is subject to the condition that the AOC holder must:

(a) comply with each requirement for the AOC holder as set out in this Order; and

(b) comply with the limits and requirements for an FCM as provided for by each Appendix of this Order which the AOC holder applies to the FCM; and

(c) ensure that each of the AOC holder’s FCMs, when acting as such, complies with each requirement imposed by this Order on flight crew licences.

9 General conditions on flight crew licences

9.1 The flight crew licence of an AOC holder’s FCM is subject to the condition that the FCM must comply with each limit and requirement imposed on the FCM by this Order.

9.2 The flight crew licence of an FCM in a private operation is subject to the condition that the FCM must comply with the requirement imposed on the FCM by paragraph 16.1 of this Order.

Note Under regulation 11.077 of CASR 1998, breach of a flight crew licence condition is a strict liability offence.

PART 3 LIMITS and REQUIREMENTS

10 Public transport services

10.1 An AOC holder engaged in a public transport service must comply with the limits and requirements for FCMs mentioned in 1 or more of the following paragraphs, in accordance with this Order:

(b) if the AOC holder is engaged in a multi-pilot operation — the limits and requirements specified in Appendix 2;

(c) if the AOC holder is engaged in a multi-pilot operation, other than a complex operation — the limits and requirements specified in Appendix 3;

(d) if the AOC holder is engaged in a single-pilot operation — the limits and requirements specified in Appendix 4;

(e) if the AOC holder has an FRMS approved for implementation by CASA in accordance with Appendix 7 — the limits and requirements of the FRMS and Appendix 7.

Note Appendix 3 is the same as Appendix 2, except that it does not contain the requirements relevant to complex operations, that is, augmented crew operations, or operations involving FDPs finishing at a location which differs in local time by 2 or more hours from the location at which the FCM commenced the FDP.

10.2 Each FCM of an AOC holder mentioned in paragraph 10.1 must comply with the limits and requirements mentioned in the paragraph or paragraphs which the AOC holder has chosen to comply with under paragraph 10.1.

11 Aerial work operations

11.1 An AOC holder engaged in an aerial work operation must comply with the limits and requirements for FCMs mentioned in 1 or more of the following subparagraphs in accordance with this Order:

(b) if the AOC holder is conducting aerial work operations other than balloon flying training — the limits and requirements specified in Appendix 5;

(c) if the AOC holder is conducting aerial work operations in the form of balloon flying training — the limits and requirements specified in Appendix 6;

(d) if the AOC holder has an FRMS approved for implementation by CASA in accordance with Appendix 7 — the limits and requirements of the FRMS and Appendix 7.

11.2 Each FCM of an AOC holder mentioned in paragraph 11.1 must comply with the limits and requirements mentioned in the subparagraph or subparagraphs which the AOC holder has chosen to comply with under paragraph 11.1.

11A Part 141 flight training

11A.1 A Part 141 operator engaged in authorised Part 141 flight training must comply with the limits and requirements for FCMs mentioned in 1 or more of the following subparagraphs in accordance with this Order:

(b) the limits and requirements specified in Appendix 6;

(c) if the Part 141 operator has an FRMS approved for implementation by CASA in accordance with Appendix 7 — the limits and requirements specified in Appendix 7.

11A.2 Each FCM of an authorised Part 141 operator must comply with the limits and requirements mentioned in the subparagraph or subparagraphs which the operator has chosen to comply with under paragraph 11A.1.

11A.3 To avoid doubt, paragraphs 11A.1 and 11A.2 do not apply to a Part 141 operator, or the FCMs of such an operator, engaged in authorised Part 141 flight training that is conducted in a flight simulation training device as the exclusive form of training conducted by the operator under the authorisation.

11B Part 142 activity

11B.1 An AOC holder who is a Part 142 operator engaged in Part 142 activity must comply with the limits and requirements for FCMs mentioned in 1 or more of the following subparagraphs in accordance with this Order:

(b) the limits and requirements specified in Appendix 6;

(c) if the Part 142 operator has an FRMS approved for implementation by CASA in accordance with Appendix 7 — the limits and requirements specified in Appendix 7.

11B.2 Each FCM of the Part 142 operator must comply with the limits and requirements mentioned in the subparagraph or subparagraphs which the operator has chosen to comply with under paragraph 11B.1.

11B.3 To avoid doubt, paragraphs 11B.1 and 11B.2 do not apply to a Part 142 operator, or the FCMs of such an operator, engaged in authorised Part 142 activity that is conducted in a flight simulation training device as the exclusive form of activity conducted by the operator under the authorisation.

12 Private operations

RESERVED

Note The condition under paragraph 16.1 applies to FCMs whether or not they are employed by an AOC holder. Paragraph 16.1, therefore, applies to FCMs engaged in private operations as well as FCMs engaged in operations under an AOC. Guidance on the assessment of individual cognitive and physical fitness is contained in CAAP 48-1. CASA recommends that FCMs engaged in private operations consider this guidance in determining self-prescribed limits.

13 Operations under multiple appendices

13.1 If, under subsection 10, subsection 11 or subsection 11A, 2 or more Appendices apply to a single FDP of an FCM, the following rules apply for an operation undertaken at any particular time in the FDP:

(a) the maximum FDP that an AOC holder and an FCM must comply with is the FDP limit contained in the Appendix under which the operation is being conducted at that particular time;

(b) the maximum flight time that an AOC holder and an FCM must comply with is the flight time limit contained in the Appendix under which the operation is being conducted at that particular time.

13.2 In determining the maximum FDP and flight time under paragraph 13.1, the limit determined from each Appendix must be based on the time of commencement of the FDP, and not on the time of commencement of operations under each Appendix.

13.3 At any particular time in an FDP, the AOC holder and FCM must each ensure that the FCM remains within the cumulative duty and cumulative flight time limits for the Appendix under which the operation is being conducted at that particular time.

13.4 Where operations under 2 or more Appendices are undertaken in a single FDP, the minimum off-duty period that the AOC holder and FCM must comply with following the FDP is that contained in the Appendix with the highest off-duty period as if the entire FDP was performed under that Appendix.

13.5 An AOC holder and an FCM must comply with the off-duty period requirements of the Appendix determined under paragraph 13.4 before the FCM commences another FDP.

14 AOC holder obligations

Fitness for duty

14.1 In the application of an Appendix under this Order, an AOC holder must not require an FCM to operate an aircraft if, considering the circumstances of the flight to be undertaken, the holder has reason to believe that the FCM is suffering from, or is likely to suffer from, fatigue which may so impair the FCM’s performance that the safety of the operation may be affected.

Limits

14.2 The limits and requirements that are to apply to an FCM must be determined in accordance with the Appendix chosen under this Order to apply to the FCM.

Note The word “limit” in a provision refers expressly or impliedly to a quantity of time and, depending on the context and other language of the provision, is used to denote a maximum quantity of time that is not to be exceeded except in accordance with this Order, or a minimum quantity of time that is not to be reduced except in accordance with this Order.

Operations manual

14.3 The AOC holder must include in the operations manual:

(a) the limits arising from compliance with each applicable Appendix of this Order that the holder has chosen to apply to an FCM, showing:

(i) each maximum limit under the Appendix which must not be exceeded; and

(ii) each minimum limit under the Appendix which must not be reduced; and

Note 1 For example, taking into account the provisions of an applicable Appendix, a flight time limit must not be exceeded, and an off-duty period must not be reduced.

Note 2 An AOC holder with an FRMS implementation approval must include relevant limits in the operations manual (see subclauses 3.2 and 3.5 in Appendix 7).

(b) for FCMs conducting a particular operation — each limit mentioned in subparagraph (a) as modified by the AOC holder for the FCMs and the operation, but not so as to exceed a maximum limit, or reduce a minimum limit, set out in the applicable Appendix; and

(c) where the need to take account of possible hazards arises under subsection 15 — for FCMs conducting a particular operation, each limit mentioned in subparagraph (b) as modified by taking the possible hazard into account.

Employee responsibilities

14.4 An AOC holder must set out in the operations manual its employees’ responsibilities for operational fatigue management, and fatigue risk management.

Meals

14.5 Where an FCM’s FDP is to exceed 5 hours, the AOC holder must provide the opportunity for the FCM to have access to adequate sustenance (a meal) during the first 5 hours and periodically after that meal, so that not more than 5 hours elapse between each meal.

Records and reports

14.6 An AOC holder must maintain records, (including relevant reports and documents) of the following:

(a) FCM rosters;

(b) actual duty periods and flight times;

(c) actual split-duty rest periods, standby periods and off-duty periods;

(d) the FDPs and flight time limits specified in the operations manual that were extended under the relevant provision (if any) of the Appendix or FRMS which the AOC holder has chosen to comply with, including information about the extensions in such detail as enables the holder to comply with subparagraph 14.8 (a).

Note A report under subparagraph 14.6 (d) is not required where an FDP is reassigned under the relevant provision of the Appendix, unless the reassignment results in an FDP or flight time that exceeds the relevant limit set out in the AOC holder’s operations manual.

14.7 Each record mentioned in paragraph 14.6, including copies of reports and documents, must be securely retained for at least 10 years from the date the record and copy were made.

14.8 Each record concerning an extension of an FDP or a flight time limit mentioned in subparagraph 14.6 (d) must be:

(a) studied and used by the AOC holder to provide for continuous improvement of the holder’s fatigue management, and fatigue risk management policies; and

(b) subject to paragraph 14.9, given to CASA within 14 days of the extension occurring.

14.9 Subparagraph 14.8 (b) does not apply to an extension under clause 3 of Appendix 5.

Home base

14.10 An AOC holder engaged in public transport services must:

(a) determine the home base for each FCM, and inform each FCM of his or her home base; and

(b) set out in its operations manual details of these home base determinations along with procedures to ensure that any change in an FCM’s home base will not adversely affect aviation safety.

Note A determination of home base should be assigned with a degree of permanence.

Rosters

14.11 An AOC holder must publish each roster so far in advance of the FDPs and standby periods listed in it as to provide the FCM to whom it applies with a reasonable opportunity to plan adequate rest before his or her duty.

Note Guidance for AOC holders with regards to their obligations is contained in CAAP 48-1.

15 Additional AOC holder obligations

15.1 This subsection applies to an AOC holder to whom Appendix 2, 3, 4, 5 or 6 applies under this Order.

Operations manual procedures for hazards, multiple Appendices etc.

15.2 The AOC holder must set out the following in the operations manual:

(a) procedures for identifying any reasonably foreseeable hazard that may compromise an FCM’s alertness during an FDP;

(b) procedures for determining the limits and requirements mentioned in subparagraph 14.3 (c) which take into account the identified hazards;

(c) procedures for the continuous monitoring and evaluation of the AOC holder’s policies, limits, practices and relevant organisational experiences, taking into account the hazards identified by the procedures mentioned in subparagraph (a), with a view to continuous improvement of fatigue management, and fatigue risk management;

(d) where the AOC holder undertakes operations under multiple Appendices — procedures to ensure that transitions between the different limits of the Appendices:

(i) are undertaken in accordance with subsection 13; and

(ii) do not affect aviation safety;

(e) a description of the training resources required by paragraph 15.3.

Note The procedures mentioned in this paragraph may be met, at least in part, by existing procedures such as those for a safety management system.

Training

15.3 The AOC holder must, as a minimum:

(a) make available, and require each FCM to undertake, initial and recurrent fatigue-related risk training relevant to the FCM’s duties in operations under the AOC; and

(b) at the end of the initial training, and at the end each occasion of recurrent training — assess the FCM’s knowledge and learning from the training.

Note The training required by this paragraph may be incorporated into existing training programs.

15.4 Initial training under paragraph 15.3:

(a) for an FCM who becomes an AOC holder’s employee after this Order takes effect for the holder — must occur within 6 months of the person commencing the employment; and

(b) for an FCM who was the AOC holder’s employee on the date this Order takes effect for the holder — must occur within 6 months of the Order taking effect.

15.5 Initial training under paragraph 15.3 must:

(a) be in accordance with a syllabus; and

(b) deliver a thorough knowledge and understanding of the following:

(i) fatigue causes;

(ii) fatigue-related impairment;

(iii) the management of risks associated with fatigue;

(iv) the AOC holder’s fatigue risk management obligations and procedures under the operations manual and this Order; and

(c) equip each FCM with the ability to comply with his or her obligations under this Order in operations for the AOC holder.

15.6 Recurrent training must occur at appropriate intervals and:

(a) be in accordance with a syllabus; and

(b) revise, build on, and increase the knowledge and understanding acquired under paragraph 15.5.

15.7 An FCM must:

(a) attend the initial and each recurrent training mentioned in paragraph 15.3; and

(b) at the end of each training, successfully complete an assessment of learning from the training; and

(c) satisfy the AOC holder that he or she has sufficient knowledge of, and competence in managing, the fatigue-related risks relevant to his or her duties as an FCM.

15.8 The AOC holder must maintain for each FCM records of training and assessment completed under this subsection.

15.9 Each record mentioned in paragraph 15.8 must be securely retained for at least 10 years from the date the record was made.

Note Guidance for AOC holders on these additional obligations is contained in CAAP 48-1.