16.1 It 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, he or she has reason to believe 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.
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.
16.2 An FCM employed by an AOC holder must, before any FDP, disclose to the AOC holder anything affecting the FCM or connected with the FDP, which he or she has reason to believe may affect his or her ability to meet the AOC holder’s fatigue risk management policies or the limits and requirements of the Appendix or Appendices that the holder has chosen to apply to the FCM.
Note Without limiting the scope of paragraph 16.2, examples of “anything affecting the FCM or connected with the FDP” include any secondary employment engaged in by the FCM, being unable to obtain sufficient sleep during sleep opportunities, living a long distance from base, travelling a long distance to report for duty. These and other things must be disclosed to the AOC holder if the FCM has reason to believe that, because of their nature, duration, effects or for any other reason, such things may affect his or her ability to meet the AOC holder’s fatigue risk management policies and obligations.
16.3 Paragraph 16.2 does not require the repetition of anything which the FCM has previously disclosed to the AOC holder as a continuing state of affairs.
Note Guidance for individuals on these obligations is contained in CAAP 48-1.
APPENDIX 1 — BASIC LIMITS
1 Sleep opportunity before an FDP
1.1 An FCM must not be assigned or commence an FDP commencing away from home base unless, within the 10 hours immediately before commencing the FDP, he or she has at least 8 consecutive hours’ sleep opportunity.
1.2 An FCM must not be assigned or commence an FDP commencing at home base unless, within the 12 hours immediately before commencing the FDP, he or she has at least 8 consecutive hours’ sleep opportunity.
Note See subsection 6 of this Order for the definition of sleep opportunity, where it is defined as occurring during an off-duty period.
2.1 An FCM may only be assigned an FDP that is contained between the hours of 0700 and 2200 local time at the location where the FDP is to commence.
2.2 An FCM may only be assigned an FDP with a total duration no longer than 9 hours in any 1 day (the FDP limit).
2.3 An FCM’s total flight time on any 1 day must not exceed 7 hours (the flight time limit).
2.4 An FCM must not exceed an FDP limit or flight time limit in this clause, except where an extension provision in clause 3 permits.
3 Extensions
3.1 Despite subclause 2.2, the FDP limit mentioned in subclause 2.2 may be extended by up to 1 hour if:
(a) the FDP has commenced; and
(b) unforeseen operational circumstances arise; and
(c) an extension of the FDP is operationally necessary to complete the duty; and
(d) the FCM considers himself or herself fit for the extension.
3.2 Despite subclause 2.3, the flight time limit mentioned in subclause 2.3 may be extended by up to 30 minutes if:
(a) the FDP has commenced; and
(b) unforeseen operational circumstances arise; and
(c) an extension of the flight time limit is operationally necessary to complete the duty; and
(d) the FCM considers himself or herself fit for the extension.
Note 1 Under regulation 224 of CAR 1988, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft, and therefore has discretion not to permit an extension.
4 Off-duty period limit
4.1 An FCM must have a minimum off-duty period of at least 12 consecutive hours during any consecutive 24 hour period.
4.2 An FCM must have a minimum of 2 days off-duty during any consecutive 7 day period.
5 Limit on cumulative flight time
5.1 The cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 100 hours.
5.2 The cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 000 hours.
APPENDIX 2 – PUBLIC TRANSPORT SERVICES – MULTI-PILOT OPERATIONS
1.1 An FCM must not be assigned or commence an FDP or standby commencing away from home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 10 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
1.2 An FCM must not be assigned or commence an FDP or standby commencing at home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 12 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
Note See subsection 6 of this Order for the definition of sleep opportunity, where it is defined as occurring during an off-duty period.
2 Limits for an acclimatised FCM
2.1 Subject to clause 5, an acclimatised FCM must not be assigned an FDP longer than the number of hours specified in Table 2.1 in this clause (the FDP limit), as determined by the acclimatised time at the start of the FDP and the number of sectors to be flown.
2.2 An acclimatised FCM must not be assigned flight time during an FDP longer than the number of hours in brackets specified in Table 2.1 (the flight time limit), as determined by the acclimatised time at the start of the FDP and the number of sectors to be flown.
2.3 In applying Table 2.1, first, choose the appropriate acclimatised time at which the FDP for the FCM is to start, then choose the number of sectors which are to be flown. The maximum FDP for the acclimatised FCM is the number under the chosen number of sectors that corresponds to the chosen acclimatised time at which the FDP for the FCM is to start. The maximum flight time for the chosen acclimatised time is the number in brackets alongside the number for maximum FDP.
Table 2.1 Maximum FDP and flight time (in hours) for an acclimatised FCM according to number of sectors and acclimatised time at the start of the FDP
Note To determine an FCM’s acclimatised time, refer to subsection 7 at the beginning
of this Order.
3 Limits for an FCM in an unknown state of acclimatisation
3.1 Subject to clause 5, an FCM in an unknown state of acclimatisation must not be assigned an FDP longer than the number of hours specified in Table 3.1 in this clause, as determined by duration of the off-duty period immediately before the FDP and the number of sectors to be flown.
3.2 An FCM in an unknown state of acclimatisation must not be assigned flight time during an FDP longer than the number of hours in brackets specified in Table 3.1, as determined by the duration of the off-duty period immediately before the FDP and the number of sectors to be flown.
3.3 In applying Table 3.1, first, choose the appropriate duration of off-duty period before the FDP for the FCM, then choose the number of sectors which are to be flown. The maximum FDP for the appropriate off-duty period for the FCM is the number under the chosen number of sectors that corresponds to the chosen off-duty period. The maximum flight time for the chosen duration is the number in brackets alongside the number for maximum FDP.
Table 3.1 Maximum FDP and flight time for an FCM in an unknown state of acclimatisation according to number of sectors and duration of the off-duty period immediately before the FDP
3.4 An FCM may only be assigned 4 consecutive FDPs in an unknown state of acclimatisation after which the FCM must have an adaptation period sufficient to become reacclimatised in accordance with paragraph 7.4 at the beginning of this Order.
4 Increase in FDP limits by split duty
4.1 Subject to subclause 4.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable sleeping accommodation, the maximum FDP worked out under clause 2 or 3 may be increased by up to 4 hours, provided the new maximum under clause 2 or 3 does not then exceed 16 hours.
4.2 After an FDP mentioned in subclause 4.1, the first 4 hours of the split-duty rest period may be reduced by 50% in determining the subsequent off-duty period or cumulative duty time under clause 10 or clause 12 of this Appendix.
4.3 Subject to subclause 4.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable resting accommodation, the limits under clause 2 or 3 may be increased by 2 hours.
4.4 If a split-duty rest period includes any period between the hours of 2300 to 0529:
(a) acclimatised time; or
(b) if the FCM is in an unknown state of acclimatisation — local time;
(a) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(b) the maximum FDP may be increased to 16 hours (if not already permitted) but subclause 4.2 does not apply.
4.5 Any remaining portion of an FDP following a split-duty rest period must be no longer than 6 hours.
5 Increase in FDP and flight time limits in an augmented crew operation
5.1 Subject to the conditions in subclause 5.3, an acclimatised FCM in an augmented crew operation must not be assigned an FDP or flight time longer than the number of hours specified in Table 5.1 in this clause, as determined by the acclimatised time at the start of the FDP, the class of crew rest facility available, and the number of additional FCMs.
5.2 Subject to the conditions in subclause 5.3, an FCM in an unknown state of acclimatisation, must not be assigned an FDP or flight time longer than the number of hours specified in Table 5.2 in this clause, as determined by the duration of the off-duty period immediately before the FDP, the class of crew rest facility available, and the number of additional FCMs.
5.3 For subclauses 5.1 and 5.2, the conditions are as follows:
(a) the AOC holder’s operations manual must have procedures for augmented crew operations;
(b) the FCMs at the end of the FDP for the augmented crew operation must be the same as the FCMs who commenced the FDP for the augmented crew operation;
Note For safety reasons, this is a critical condition. If, for example, a medical emergency required the disembarkation of an FCM during the FDP, for the flight to continue all of the FCMs must be replaced with a new augmented crew commencing a new FDP.
(c) the FDP must be limited to 3 sectors;
(d) the minimum in-flight rest during the FDP must be:
(i) for each FCM who will not be at the aircraft controls during the final landing — 1.5 consecutive hours; and
(ii) for each FCM who will be at the aircraft controls during the final landing — 2 consecutive hours;
(e) the in-flight rest must be planned for the cruise phase of the flight;
(f) if an assigned FDP is to exceed 14 hours, then:
(i) not more than 2 sectors may be assigned; and
(ii) for the last sector (if more than 1) — the scheduled flight time must be at least 9 hours;
(g) if an assigned FDP is to exceed 16 hours, then:
(i) only 1 sector may be assigned; and
(ii) the minimum in-flight rest during the FDP must be:
(A) for each FCM who will not be at the aircraft controls during the final landing — 2 consecutive hours; and
(B) for each FCM who will be at the aircraft controls during the final landing — 3 consecutive hours.
Note The minimum in-flight rest specified may not provide adequate rest to ensure alertness for the remainder of the FDP. Guidance on the use of in-flight rest is contained in CAAP 48-1.
5.4 To apply Table 5.1 for an FCM who is acclimatised, first, choose the appropriate acclimatised time at which his or her FDP is to start, then choose the class of crew rest facility available and within the class choose the number of additional FCMs. The maximum FDP for the acclimatised FCM is the number under the chosen number of additional FCMs under the chosen class that corresponds to the acclimatised time at which the FDP for the FCM is to start. The maximum flight time for the chosen acclimatised time is the number in brackets alongside the number for maximum FDP.
Table 5.1 Maximum FDP and flight time (in hours) for an acclimatised FCM in an augmented crew operation according to class of crew rest facility, number of additional FCMs and acclimatised time at the start of the FDP
Note To determine an FCM’s acclimatised time, refer to subsection 7 at the beginning of this Order.
5.5 To apply Table 5.2 to an FCM who is in an unknown state of acclimatisation, first, choose the appropriate off-duty period that is immediately before his or her FDP, then choose the class of crew rest facility available and within the class choose the number of additional FCMs. The maximum FDP for the FCM is the number under the chosen number of additional FCMs under the chosen class that corresponds to the off-duty period. The maximum flight time for the chosen off-duty period is the number in brackets alongside the number for the maximum FDP.
Table 5.2 Maximum FDP and flight time (in hours) for an FCM in an unknown state of acclimatisation in an augmented operation according to class of crew rest facility, number of additional FCMs and duration of off-duty period immediately before to the FDP
Note These are the maximum FDP and flight time limits under this Appendix unless, for any particular FCM, other provisions have the effect of reducing these limits (for example, subsections 14 and 15 of this Order).
6 Delayed reporting time
6.1 Subclauses 6.2 to 6.4 apply to an AOC holder if the operations manual does not have procedures for delays.
6.2 The AOC holder may:
(a) only delay an FCM’s reporting time (the original reporting time) if the FCM is first informed of the delay at least 10 hours before the reporting time; and
(b) if subparagraph (a) applies — consider the period between the original reporting time and the new reporting time (the period of the delay) to be an off-duty period; and
(c) if subparagraph (b) applies — at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
6.3 If:
6.4 If subclause 6.3 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
6.5 Subclauses 6.6 to 6.12 apply to an AOC holder if the operations manual has procedures for 1 or more delays.
6.6 If an AOC holder’s operations manual has procedures for delays, the AOC holder may delay an FCM’s original reporting time if the AOC holder informs the FCM of the new reporting time as follows:
6.7 If an FCM is informed of a delay in accordance with subclause 6.6, the period between the original reporting time and the final new reporting time is deemed to be standby.
Note The period mentioned in subclause 6.7 is deemed to be standby whether or not subparagraph (b) of the definition of standby is met.
6.8 If an FCM is not informed of a delay in accordance with subclause 6.6, the FCM’s FDP is taken to commence at whichever of the following is the later:
(b) the last new reporting time following a delay of which the FCM was informed in accordance with subclause 6.6.
6.9 If subclause 6.8 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
6.10 Despite subclause 6.7, if the period of any single delay to an FCM’s FDP is at least 10 hours, the AOC holder may:
(b) at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
6.11 If:
(a) an FCM’s FDP is delayed under subclause 6.6; and
6.12 If:
(a) the FCM’s FDP is delayed under subclause 6.6; and
(ii) the time at which the FDP is taken to have commenced in accordance with subparagraph (c).
6.13 If:
(a) an FCM’s FDP is delayed under subclause 6.2 or 6.6; and
then, the FCM must have an off-duty period of at least 10 consecutive hours, commencing from the time he or she is informed of the cancellation, before again being assigned an FDP in accordance with this Appendix.
7 Reassignment and extension
7.1 After an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP and number of sectors to be flown, provided that each of the following applies:
(b) subject to subclauses 7.3 and 7.4 — the modified FDP and flight time must not exceed the limits in the holder’s operations manual for the new number of sectors;
(c) the FCM, or each FCM, must consider himself or herself fit for the modified FDP.
7.2 If subclause 7.1 applies, the FCM may continue in the modified FDP in accordance with subclause 7.1.
Note Clause 13 applies to the reassignment of an FDP which results in the modified FDP being a late night operation.
7.3 Despite the FDP limits provided in the operations manual, in unforeseen operational circumstances at the discretion of the pilot in command:
(a) the FDP limits in the operations manual may be extended by up to:
(i) 1 hour; or
(ii) for an augmented crew operation under clause 5 — 2 hours; and
(b) the sectors for the FDP limits may be increased by 1 more than would otherwise be the case for the FDP.
7.4 Despite the limits provided in the operations manual, the flight time limit for an FDP may be extended:
(a) by not more than 30 minutes; or
(b) for an augmented crew operation — by not more than 1 hour;
if:
(c) it is operationally necessary in order to complete the duty; and
(d) the FCM, or each FCM, considers himself or herself fit for the extension.
Note Clause 13 does not apply to the extension of an FDP which results in the FDP being a late night operation.
7.5 An FDP limit must not be reassigned or extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 11 or the cumulative duty time limits in clause 12.
7.6 Despite subclause 7.5, if:
(ii) the cumulative flight time limits in clause 11; or
(iii) the cumulative duty time limits in clause 12;
Note 1 Under regulation 224 of CAR 1988, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft and, therefore, has a discretion to not permit an extension to occur even if otherwise permissible under this clause.
8 Standby limits
8.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 16 hours.
8.2 The maximum allowable FDP after a call out from standby must be decreased by the number of hours by which the standby exceeds 12 hours.
8.3 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
9 Positioning
An FCM may, on completion of assigned flight duties, and at the request of the AOC holder, position to a suitable location but only if the FCM agrees to do so. However, the time spent in the positioning must be added to the preceding FDP when determining minimum off-duty periods under clause 10.
Note For clause 9, an FCM may decline to position to a suitable location.
10 Off-duty period limits
10.1 Subject to subclause 10.2, where an FCM’s FDP does not exceed 12 hours, his or her following off-duty period must be at least as follows:
(a) if the FCM is acclimatised and undertaking the off-duty period away from home base — the sum of:
(i) 10 hours; and
(b) if the FCM is acclimatised and undertaking the off-duty period at home base — the sum of:
(i) 12 hours; and
(c) if the FCM is in an unknown state of acclimatisation — the sum of:
(i) 14 hours; and
(ii) the amount of the displacement time.
10.2 Where an FCM’s FDP (the last FDP) does not exceed 10 hours, his or her following off-duty period (ODP 2) may be reduced to not less than 9 hours, provided that:
(b) the FCM is acclimatised at the commencement of the ODP 2; and
(c) the ODP 2 is undertaken over a local night; and
(d) the ODP 2 is not undertaken at home base; and
(e) the off-duty period following the FDP after ODP 2 is at least 12 hours, including a local night.
10.3 Subject to subclause 10.4, where an FCM’s FDP exceeds 12 hours, his or her following off-duty period must be at least as follows:
(a) if the FCM is acclimatised — 12 hours, plus the sum of:
(i) 1.5 times the time that the FDP exceeded 12 hours; and
(b) if the FCM is in an unknown state of acclimatisation — 14 hours, plus the sum of:
(i) 1.5 times the time that the FDP exceeded 12 hours; and
(ii) the amount of the displacement time.
10.4 If, after an FDP (the first FDP) but before the next FDP (the second FDP), the off-duty period calculated under this clause is more than 14 hours, the off‑duty period may be reduced to not less than 14 hours, provided that:
(a) the reduced off-duty period is undertaken away from home base; and
(b) the first FDP was not extended past the FDP limit as provided for under the AOC holder’s operations manual; and
(c) the FCM commences the second FDP in an acclimatised state; and
(d) the off-duty period following the second FDP is of at least 36 consecutive hours and includes 2 local nights.
10.5 Before beginning an FDP or standby, an FCM must have had at least 36 consecutive hours off-duty, including 2 local nights, in the 168 hours before the projected end time of the assigned FDP or assigned standby.
10.6 Before beginning an FDP or standby, an FCM must have had:
11 Limit on cumulative flight time
11.1 The cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 100 hours.
11.2 The cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 000 hours.
12 Limit on cumulative duty time
12.1 The cumulative duty accrued by an FCM during any consecutive 168 hour period must not exceed 60 hours.
12.2 The cumulative duty accrued by an FCM during any consecutive 336 hour period must not exceed 100 hours.
13 Limit on late night operations
13.1 If:
13.2 If, in any consecutive 168 hour period (the period), an FCM is assigned 3 or more FDPs involving late night operations, then for the period, the combined numerical total of all assigned or reassigned:
Note Thus, in any consecutive 168 hour period, if an FCM is assigned 3 late night operations, he or she may only also be assigned 1 other FDP (late night operation or otherwise), or 1 standby. If, in the 168 hour period, the FCM is assigned 4 late night operations, he or she must not also be assigned any other FDP or standby.
13.3 For this clause, reference to an assigned FDP involving a late night operation includes a reassigned FDP under subclause 7.1 that is a late night operation.
13.4 An FDP that would otherwise fall within the definition of a late night operation because of an extension under subclause 7.3 or 7.4, is not a late night operation for this clause.
14 Maximum durations must not be exceeded
Unless an extension is permitted under clause 7, in performing duty an FCM must not exceed the following:
APPENDIX 3 – PUBLIC TRANSPORT SERVICES – MULTI-PILOT OPERATIONS OTHER THAN COMPLEX OPERATIONS
1.1 An FCM must not be assigned or commence an FDP or standby commencing away from home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 10 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
1.2 An FCM must not be assigned or commence an FDP or standby commencing at home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 12 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
Note See subsection 6 of this Order for the definition of sleep opportunity, where it is defined as occurring during an off-duty period.
2.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 2.1 in this clause (the FDP limit), as determined by the local time at the start of the FDP and the number of sectors to be flown.
2.2 An FCM must not be assigned flight time during an FDP longer than the number of hours in brackets specified in Table 2.1 (the flight time limit), as determined by the local time at the start of the FDP and the number of sectors to be flown.
2.3 In applying Table 2.1, first, choose the appropriate local time at which the FDP for the FCM is to start, then choose the number of sectors which are to be flown. The maximum FDP for the FCM is the number under the chosen number of sectors that corresponds to the chosen local time at which the FDP for the FCM is to start. The maximum flight time for the chosen local time is the number in brackets alongside the number for maximum FDP.
Table 2.1 Maximum FDP and flight time (in hours) for an FCM according to number of sectors and local time at the start of the FDP
3.1 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable sleeping accommodation, the maximum FDP worked out under clause 2 may be increased by up to 4 hours, provided the new maximum under clause 2 does not then exceed 16 hours.
3.2 After an FDP mentioned in subclause 3.1, the first 4 hours of the split-duty rest period may be reduced by 50% in determining the subsequent off-duty period or cumulative duty time under clause 8 or clause 10 of this Appendix.
3.3 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable resting accommodation, the limits under clause 2 may be increased by 2 hours.
(a) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(b) the subsequent maximum FDP may be increased to 16 hours (if not already permitted) but subclause 3.2 does not apply.
3.5 Any remaining portion of an FDP following a split-duty rest period must be no longer than 6 hours.
4 Delayed reporting time
4.1 Subclauses 4.2 to 4.4 apply to an AOC holder if the operations manual does not have procedures for delays.
4.2 The AOC holder may:
(a) only delay an FCM’s reporting time (the original reporting time) if the FCM is first informed of the delay at least 10 hours before the reporting time; and
(b) if paragraph (a) applies — consider the period between the original reporting time and the new reporting time (the period of the delay) to be an off-duty period; and
(c) if paragraph (b) applies — at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
4.3 If:
4.4 If subclause 4.3 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
4.5 Subclauses 4.6 to 4.12 apply to an AOC holder if the operations manual has procedures for 1 or more delays.
4.6 If an AOC holder’s operations manual has procedures for delays, the AOC holder may delay an FCM’s original reporting time if the AOC holder informs the FCM of the new reporting time as follows:
4.7 If an FCM is informed of a delay in accordance with subclause 4.6, the period between the original reporting time and the final new reporting time is deemed to be standby.
Note The period mentioned in subclause 4.7 is deemed to be standby whether or not paragraph (b) of the definition of standby is met.
4.8 If an FCM is not informed of a delay in accordance with subclause 4.6, the FCM’s FDP is taken to commence at whichever of the following is the later:
(b) the last new reporting time following a delay of which the FCM was informed in accordance with subclause 4.6.
4.9 If subclause 4.8 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
4.10 Despite subclause 4.7, if the period of any single delay to an FCM’s FDP is at least 10 hours, the AOC holder may:
(b) at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
4.11 If:
(a) an FCM’s FDP is delayed under subclause 4.6; and
4.12 If:
(a) the FCM’s FDP is delayed under subclause 4.6; and
(ii) the time at which the FDP is taken to have commenced in accordance with paragraph (c).
4.13 If:
(a) an FCM’s FDP is delayed under subclause 4.2 or 4.6; and
then, the FCM must have an off-duty period of at least 10 consecutive hours, commencing from the time he or she is informed of the cancellation, before again being assigned an FDP in accordance with this Appendix.
5 Reassignment and extension
5.1 After an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP and number of sectors to be flown, provided that each of the following applies:
(b) subject to subclauses 5.3 and 5.4 — the modified FDP and flight time must not exceed the limits in the holder’s operations manual for the new number of sectors;
(c) the FCM, or each FCM, must consider himself or herself fit for the modified FDP.
5.2 If subclause 5.1 applies, the FCM may continue in the modified FDP in accordance with subclause 5.1.
Note Clause 11 applies to the reassignment of an FDP which results in the modified FDP being a late night operation.
5.3 Despite the FDP limits provided in the operations manual, in unforeseen operational circumstances at the discretion of the pilot in command:
(a) the FDP limits in the operations manual may be extended by up to 1 hour; and
(b) the sectors for the FDP limits may be increased by 1 more than would otherwise be the case for the FDP.
5.4 Despite the limits provided in the operations manual, the flight time limit for an FDP may be extended by not more than 30 minutes if:
(b) the FCM, or each FCM, considers himself or herself fit for the extension.
Note Clause 11 does not apply to the extension of an FDP which results in the FDP being a late night operation.
5.5 An FDP limit must not be reassigned or extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 9 or the cumulative duty time limits in clause 10.
5.6 Despite subclause 5.5, if:
(ii) the cumulative flight time limits in clause 9; or
(iii) the cumulative duty time limits in clause 10;
Note 1 Under regulation 224 of CAR 1988, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft and, therefore, has a discretion to not permit an extension to occur even if otherwise permissible under this clause.
6 Standby
6.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 16 hours.
6.2 The maximum allowable FDP after a call out from standby must be decreased by the number of hours by which the standby exceeds 12 hours.
6.3 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
7 Positioning
An FCM may, on completion of assigned flight duties, and at the request of the AOC holder, position to a suitable location but only if the FCM agrees to do so. However, the time spent in the positioning must be added to the preceding FDP when determining minimum off-duty periods under clause 8 of this Appendix.
Note For clause 7, an FCM may decline to position to a suitable location.
8 Off-duty periods
8.1 Subject to subclause 8.2, where an FCM’s FDP does not exceed 12 hours, his or her following off-duty period must be at least as follows:
(a) if the FCM is undertaking the off-duty period away from home base — 10 hours;
(b) if the FCM is undertaking the off-duty period at home base — 12 hours.
8.2 Where an FCM’s FDP (the last FDP) does not exceed 10 hours, his or her following off-duty period (ODP 2) may be reduced to not less than 9 hours, provided that:
(b) the ODP 2 is undertaken over a local night; and
(c) the ODP 2 is not undertaken at home base; and
(d) the off-duty period following the FDP after ODP 2 is at least 12 hours, including a local night.
8.3 Where an FCM’s FDP exceeds 12 hours, his or her following off-duty period must be at least the sum of:
(a) 12 hours; and
(b) 1.5 times the time that the FDP exceeded 12 hours.
8.4 If, after an FDP (the first FDP) but before the next FDP (the second FDP), the off-duty period calculated under this clause is more than 14 hours, the off‑duty period may be reduced to not less than 14 hours, provided that:
(a) the reduced off-duty period is undertaken away from home base; and
(b) the first FDP was not extended past the FDP limit provided for under the AOC holder’s operations manual; and
(c) the off-duty period following the second FDP is of at least 36 consecutive hours and includes 2 local nights.
8.5 Before beginning an FDP or standby, an FCM must have had at least 36 consecutive hours off-duty, including 2 local nights, in the 168 hours before the projected end time of the assigned FDP or assigned standby.
8.6 Before beginning an FDP or standby, an FCM must have had:
9 Limit on cumulative flight time
9.1 The cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 100 hours.
9.2 The cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 000 hours.
10 Limit on cumulative duty time
10.1 The cumulative duty accrued by an FCM during any consecutive 168 hour period must not exceed 60 hours.
10.2 The cumulative duty accrued by an FCM during any consecutive 336 hour period must not exceed 100 hours.
11 Limit on late night operations
11.1 If:
11.2 If, in any consecutive 168 hour period (the period), an FCM is assigned 3 or more FDPs involving late night operations, then for the period, the combined numerical total of all assigned or reassigned:
Note Thus, in any consecutive 168 hour period, if an FCM is assigned 3 late night operations, he or she may only also be assigned 1 other FDP (late night operation or otherwise), or 1 standby. If, in the 168 hour period, the FCM is assigned 4 late night operations, he or she must not also be assigned any other FDP or standby.
11.3 For this clause, reference to an assigned FDP involving a late night operation includes a reassigned FDP under subclause 5.1 that is a late night operation.
11.4 An FDP that would otherwise fall within the definition of a late night operation because of an extension under subclause 5.3 or 5.4, is not a late night operation for this clause.
12 Maximum durations must not be exceeded
Unless an extension is permitted under clause 5, in performing duty an FCM must not exceed the following:
APPENDIX 4 – PUBLIC TRANSPORT SERVICES – SINGLE-PILOT OPERATIONS
1.1 An FCM must not be assigned or commence an FDP or standby commencing away from home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 10 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
1.2 An FCM must not be assigned or commence an FDP or standby commencing at home base unless he or she has at least 8 consecutive hours’ sleep opportunity within the 12 hours immediately before:
(b) if the commencement of the FDP has been delayed, but by less than 10 hours — the original reporting time for the FDP or standby; or
(c) if the commencement of the FDP has been delayed by 10 hours or more — commencing the FDP or standby following the delay.
Note See subsection 6 of this Order for the definition of sleep opportunity, where it is defined as occurring during an off-duty period.
2.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 2.1 in this clause (the FDP limit), as determined by the local time at the start of the FDP.
2.2 An FCM must not be assigned flight time during an FDP longer than the number of hours in brackets specified in Table 2.1 (the flight time limit), as determined by the local time at the start of the FDP.
2.3 In applying Table 2.1, first, choose the appropriate local time at which the FDP for the FCM is to start. The maximum FDP for the FCM is the number that corresponds to the chosen local time at which the FDP for the FCM is to start. The maximum flight time for the chosen local time is the number in brackets alongside the number for maximum FDP.
Table 2.1 Maximum FDP and flight time (in hours) according to local time at start of FDP
Local time at start of FDP
Maximum FDP and flight time hours
0500 – 0659
9(8)
0700 – 0759
10(8)
0800 – 1059
11(9)
1100 – 1359
10(9)
1400 – 2259
9(8)
2300 – 0459
8(7)
3.1 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable sleeping accommodation, the maximum FDP worked out under clause 2 may be increased by up to 4 hours.
3.2 After an FDP mentioned in subclause 3.1, the first 4 hours of the split-duty rest period may be reduced by 50% for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 8 or clause 10 of this Appendix.
3.3 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by 2 hours.
(a) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(b) the maximum FDP may be increased to 15 hours (if not already permitted) but subclause 3.2 does not apply.
3.5 Any remaining portion of an FDP following a split-duty rest period must be no longer than 5 hours.
Note These are the maximum FDP and flight time limits under this Appendix unless, for any particular FCM, other provisions have the effect of reducing these limits (for example, subsections 14 and 15 of this Order).
4 Delayed reporting time
4.1 Subclauses 4.2 to 4.4 apply to an AOC holder if the operations manual does not have procedures for delays.
4.2 The AOC holder may:
(a) only delay an FCM’s reporting time (the original reporting time) if the FCM is first informed of the delay at least 10 hours before the reporting time; and
(b) if paragraph (a) applies — consider the period between the original reporting time and the new reporting time (the period of the delay) to be an off-duty period; and
(c) if paragraph (b) applies — at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
4.3 If:
4.4 If subclause 4.3 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
4.5 Subclauses 4.6 to 4.12 apply to an AOC holder if the operations manual has procedures for 1 or more delays.
4.6 If an AOC holder’s operations manual has procedures for delays, the AOC holder may delay an FCM’s original reporting time if the AOC holder informs the FCM of the new reporting time as follows:
4.7 If an FCM is informed of a delay in accordance with subclause 4.6, the period between the original reporting time and the final new reporting time is deemed to be standby.
Note The period mentioned in subclause 4.7 is deemed to be standby whether or not paragraph (b) of the definition of standby is met.
4.8 If an FCM is not informed of a delay in accordance with subclause 4.6, the FCM’s FDP is taken to commence at whichever of the following is the later:
(b) the last new reporting time following a delay of which the FCM was informed in accordance with subclause 4.6.
4.9 If subclause 4.8 applies, the off-duty period requirements of this Appendix apply to the FCM whether or not the flight occurs.
4.10 Despite subclause 4.7, if the period of any single delay to an FCM’s FDP is at least 10 hours, the AOC holder may:
(b) at the end of the off-duty period, assign an FDP to the FCM subject to the applicable limits set out in this Appendix.
4.11 If:
(a) an FCM’s FDP is delayed under subclause 4.6; and
4.12 If:
(a) the FCM’s FDP is delayed under subclause 4.6; and
(ii) the time at which the FDP is taken to have commenced in accordance with paragraph (c).
4.13 If:
(a) an FCM’s FDP is delayed under subclause 4.2 or 4.6; and
then, the FCM must have an off-duty period of at least 10 consecutive hours, commencing from the time he or she is informed of the cancellation, before again being assigned an FDP in accordance with this Appendix.
5 Reassignment and extension
5.1 After an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP, provided that each of the following applies:
(b) subject to subclauses 5.3 and 5.4 — the modified FDP and flight time must not exceed the applicable limits in the holder’s operations manual;
(c) the FCM must consider himself or herself fit for the modified FDP.
5.2 If subclause 5.1 applies, the FCM may continue in the modified FDP in accordance with subclause 5.1.
Note Clause 11 applies to the reassignment of an FDP which results in the modified FDP being a late night operation.
5.3 Despite the FDP limits provided in the operations manual, in unforeseen operational circumstances at the discretion of the pilot in command the FDP limits in the operations manual may be extended by up to 1 hour.
5.4 Despite the limits provided in the operations manual, the flight time limit for an FDP may be extended by not more than 30 minutes if:
(b) the FCM considers himself or herself fit for the extension.
Note Clause 11 does not apply to the extension of an FDP which results in the FDP being a late night operation.
5.5 An FDP limit must not be reassigned or extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 9 or the cumulative duty time limits in clause 10.
5.6 Despite subclause 5.5, if:
(ii) the cumulative flight time limits in clause 9; or
(iii) the cumulative duty time limits in clause 10;
Note 1 Under regulation 224 of CAR 1988, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft and, therefore, has a discretion to not permit an extension to occur even if otherwise permissible under this clause.
6 Standby
6.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 16 hours.
6.2 The maximum allowable FDP after a call out from standby must be decreased by the number of hours by which the standby exceeds 12 hours.
6.3 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
7 Positioning
An FCM may, on completion of assigned flight duties, and at the request of the AOC holder, position to a suitable location but only if the FCM agrees to do so. However, the time spent in the positioning must be added to the preceding FDP when determining minimum off-duty periods under clause 8 of this Appendix.
Note For clause 7, an FCM may decline to position to a suitable location.
8 Off-duty periods
8.1 Subject to subclause 8.2, where an FCM’s FDP does not exceed 12 hours, his or her following off-duty period must be at least as follows:
(a) if the FCM is undertaking the off-duty period away from home base — the sum of:
(i) 10 hours; and
(b) if the FCM is undertaking the off-duty period at home base — the sum of:
(i) 12 hours; and
(ii) the amount that the displacement time exceeds 3 hours if travelling west, or 2 hours if travelling east.
8.2 Where an FCM’s FDP (the last FDP) does not exceed 10 hours, his or her following off-duty period (ODP 2) may be reduced to not less than 9 hours, provided that:
(b) the ODP 2 is undertaken over a local night; and
(c) the ODP 2 is not undertaken at home base; and
(d) the off-duty period following the FDP after ODP 2 is at least 12 hours, including a local night.
8.3 Where an FCM’s FDP exceeds 12 hours, his or her following off-duty period must be at least 12 hours, plus the sum of:
(a) 1.5 times the time that the FDP exceeded 12 hours; and
(b) the amount that the displacement time exceeds 3 hours if travelling west, or 2 hours if travelling east.
8.4 Before beginning any standby time or FDP, an FCM must have had at least 36 consecutive hours off-duty, including 2 local nights, in the 168 hours before the projected end time of the assigned FDP or assigned standby.
8.5 Before beginning any standby time or FDP, an FCM must have had:
9 Limit on cumulative flight time
9.1 The cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 100 hours.
9.2 The cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 000 hours.
10 Limit on cumulative duty time
10.1 The cumulative duty accrued by an FCM during any consecutive 168 hour period must not exceed 60 hours.
10.2 The cumulative duty accrued by an FCM during any consecutive 336 hour period must not exceed 100 hours.
11 Limit on late night operations
11.1 If:
11.2 If, in any consecutive 168 hour period (the period), an FCM is assigned 3 or more FDPs involving late night operations, then for the period, the combined numerical total of all assigned or reassigned:
Note Thus, in any consecutive 168 hour period, if an FCM is assigned 3 late night operations, he or she may only also be assigned 1 other FDP (late night operation or otherwise), or 1 standby. If, in the 168 hour period, the FCM is assigned 4 late night operations, he or she must not also be assigned any other FDP or standby.
11.3 For this clause, reference to an assigned FDP involving a late night operation includes a reassigned FDP under subclause 5.1 that is a late night operation.
11.4 An FDP that would otherwise fall within the definition of a late night operation because of an extension under subclause 5.3 or 5.4, is not a late night operation for this clause.
12 Maximum durations must not be exceeded
Unless an extension is permitted under clause 5 in performing duty, an FCM must not exceed the following:
APPENDIX 5 — AERIAL WORK OPERATIONS OTHER THAN BALLOON FLYING TRAINING
1 FDP limits
1.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 5.1 in this clause (the FDP limit), as determined by the local time at the start of the FDP.
Table 5.1 Maximum FDP (in hours) for an FCM according to local time at the start of the FDP
Local time at start of FDP
Maximum FDP (hours)
0500 – 0659
11
0700 – 1159
12
1200 – 1459
11
1500 – 0459
10
1.2 If, in the 8 hours immediately before commencing an FDP, duties other than conducting a flight in an aircraft were performed (non-flying duties), the maximum permissible duration of the FDP must be decreased by the greater of:
(a) 30 minutes; or
(b) the total duration of the non-flying duties performed during the 8 hour period immediately before commencing the FDP.
1.3 In any 168 consecutive hours, an FCM must not be assigned, or conduct, more than 4 FDPs which include any time between midnight and 0459 local time.
1.4 An FCM must not exceed an FDP limit set out in in the AOC holder’s operations manual in accordance with this Order.
Note Aerial work operations captured by this Appendix are widely varied. Therefore, operators are reminded to limit flight times in accordance with their operator obligations, and include flight time limits in their operations manual.
2 Increase in FDP limits by split duty
2.1 If an FDP contains a split-duty rest period of at least 3 consecutive hours at suitable sleeping accommodation, the maximum FDP worked out under clause 1 may be increased by the duration of the split-duty rest period.
2.2 If an FDP contains a split-duty rest period of at least 4 consecutive hours at suitable resting accommodation, the FDP limits under clause 1 may be increased by 2 hours.
2.3 Any portion of an FDP remaining after a split-duty rest period must be no longer than the sum of 6 hours and any permitted extension under clause 3.
Note These are the maximum FDP limits under this Appendix unless, for any particular FCM, other provisions have the effect of reducing these limits (for example, subsections 14 and 15 of this Order).
3 Extensions
3.1 At the discretion of the FCM, an FDP may be extended up to a maximum of 4 hours beyond the FDP limit in subclause 1.1, provided the FCM considers himself or herself fit for the extension.
Note Due to the nature of aerial work operations, extensions are permitted in any circumstance (not just unforeseen operational circumstances as in the case of public transport services limits) and reports of extensions are not required to be notified to CASA.
3.2 Subject to subclause 3.3, any extension over the FDP limit requires the off‑duty period required by clause 5 to be increased by 1 hour for every 30 minutes, or part of 30 minutes, that the FDP is extended beyond the FDP limit.
3.3 If an off-duty period calculated under subclause 3.2 is greater than 12 hours, the off-duty period may be reduced to not less than 12 hours provided that:
(a) the next FDP is conducted under this Appendix; and
(b) the off-duty period following the next FDP is at least 36 hours, including 2 local nights.
4 Standby
4.1 An FCM may be placed on standby.
4.2 If an FCM is called out from standby to commence an FDP, (which may include a split-duty rest period), the FDP must be followed by an off-duty period in accordance with clause 5.
4.3 If an FCM is called out to commence duties other than flying duties, the FCM may return to standby following that duty period. However, subclause 1.2 applies to a subsequent FDP.
5 Off-duty period limits
5.1 Following an FDP, an FCM must have an off-duty period of:
(a) at least 8 consecutive hours, including the hours between 2300 and 0529 local time; or
(b) at least 10 consecutive hours.
5.2 An FCM must:
(a) in any consecutive 336 hour period — have at least 1 off-duty period of at least 36 consecutive hours which includes 2 local nights; or
(b) in any consecutive 504 hour period — have at least 1 off-duty period of at least 72 consecutive hours which includes 3 local nights.
Note 336 hours is the number of hours in a 14 day period and 504 hours is the number of hours in a 21 day period.
6 Limit on cumulative flight time
6.1 The cumulative flight time accrued by an FCM during any consecutive 168 hour period must not exceed 50 hours.
6.2 Subject to subclause 6.4, the cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 170 hours.
6.3 Subject to subclause 6.4, the cumulative flight time accrued by an FCM during any consecutive 90 day period must not exceed 450 hours.
6.4 The cumulative flight time limits in subclauses 6.2 and 6.3 may be reset to zero if the FCM is provided with at least 7 consecutive days off-duty.
6.5 Subject to subclause 6.6, the cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 200 hours.
6.6 The cumulative flight time limit in subclause 6.5 may be reset to zero if the FCM is provided with at least 28 consecutive days off-duty.
Note These cumulative flight time limits are designed to mitigate the effects of cumulative fatigue. AOC holders are reminded, first, of the emotional, cognitive and physical effects of workload on the performance of FCMs in addition to fatigue, and secondly, that these limits are for optimal circumstances and may not be achievable due to hazard identification and other procedures required under subsection 15 of this Order.
7 Maximum durations must not be exceeded
Unless an extension is permitted under clause 3, in performing duty an FCM must not exceed the following:
APPENDIX 6 — BALLOON FLYING TRAINING, PART 141 FLIGHT TRAINING AND PART 142 ACTIVITY
Note Appendix 6 does not apply to Part 141 flight training, or Part 142 activity if the flight training or activity is in a flight simulation training device.
An FCM must not be assigned or commence an FDP or standby unless he or she has at least 8 consecutive hours’ sleep opportunity within the 12 hours immediately before commencing the FDP or standby.
Note See subsection 6 of this Order for the definition of sleep opportunity, where it is defined as occurring during an off-duty period.
2.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 2.1 in this clause (the FDP limit), as determined by the local time at the start of the FDP.
2.2 An FCM must not be assigned flight time during an FDP longer than the number of hours in brackets specified in Table 2.1 (the flight time limit), as determined by the local time at the start of the FDP.
2.3 In applying Table 2.1, first, choose the appropriate local time at which the FDP for the FCM is to start. The maximum FDP for the FCM is the number that corresponds to the chosen local time at which the FDP for the FCM is to start. The maximum flight time for the chosen local time is the number in brackets alongside the number for maximum FDP.
Table 2.1 Maximum FDP and flight time (in hours) according to local time at start of FDP
Local time at start of FDP
Maximum FDP and flight time hours
0500 – 0659
9(7)
0700 – 0759
10(7)
0800 – 1059
11(7)
1100 – 1359
10(7)
1400 – 2259
9(7)
2300 – 0459
8(7)
3.1 Subject to subclause 3.4, if an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable sleeping accommodation, the maximum FDP worked out under clause 2 may be increased by up to 4 hours.
3.2 After an FDP mentioned in subclause 3.1, the first 4 hours of the split-duty rest period may be reduced by 50% for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 7 or clause 9 of this Appendix.
3.3 Subject to subclause 3.4, if an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by 2 hours.
(a) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(b) the maximum FDP may be increased to 15 hours (if not already permitted) but subclause 3.2 does not apply.
3.5 Unless the FDP is extended under clause 4, any portion of an FDP remaining after a split-duty rest period must be no longer than 5 hours.
Note These are the maximum FDP and flight time limits under this Appendix unless, for any particular FCM, other provisions have the effect of reducing these limits (for example, subsections 14 and 15 of this Order).
4 Reassignment and extension
4.1 Subject to subclause 4.3, after an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP, provided that each of the following applies:
(b) the FCM must consider himself or herself fit for the modified FDP.
4.2 If subclause 4.1 applies, the FCM may continue in the modified FDP in accordance with subclause 4.1.
Note Clause 10 applies to the reassignment of an FDP which results in the modified FDP being a late night operation.
4.3 Despite the FDP limits provided in the operations manual, in unforeseen operational circumstances at the discretion of the pilot in command, the FDP limits in the operations manual may be extended by up to 1 hour.
4.4 Despite the limits provided in the operations manual, the flight time limit for an FDP may be extended by not more than 30 minutes if:
(b) the FCM considers himself or herself fit for the extension.
Note Clause 10 does not apply to the extension of an FDP which results in the FDP being a late night operation.
4.5 An FDP limit must not be reassigned or extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 8 or the cumulative duty time limits in clause 9.
4.6 Despite subclause 4.5, if:
(ii) the cumulative flight time limits in clause 8; or
(iii) the cumulative duty time limits in clause 9;
Note 1 Under regulation 224 of CAR 1988, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft and, therefore, has a discretion to not permit an extension to occur even if otherwise permissible under this clause.
5 Standby
5.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 16 hours.
5.2 The maximum allowable FDP after a call out from standby must be decreased by the number of hours by which the standby exceeds 12 hours.
5.3 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
6 Positioning
An FCM may, on completion of assigned flight duties, and at the request of the AOC holder, position to a suitable location but only if the FCM agrees to do so. However, the time spent in the positioning must be added to the preceding FDP when determining minimum off-duty periods under clause 7 of this Appendix.
Note For clause 6, an FCM may decline to position to a suitable location.
7 Off-duty periods
7.1 After an FDP, an FCM’s following off-duty period must be at least the sum of:
(a) 12 hours; and
(b) 1.5 times the time (if any) that the FDP exceeded 12 hours.
7.2 Before beginning any standby time or FDP, an FCM must have had at least 36 consecutive hours off-duty, including 2 local nights, in the 168 hours before the projected end time of the assigned FDP or assigned standby.
7.3 Before beginning any standby time or FDP, an FCM must have had:
8 Limit on cumulative flight time
8.1 The cumulative flight time accrued by an FCM during any consecutive 28 day period must not exceed 100 hours.
8.2 The cumulative flight time accrued by an FCM during any consecutive 365 day period must not exceed 1 000 hours.
9 Limit on cumulative duty time
9.1 The cumulative duty accrued by an FCM during any consecutive 168 hour period must not exceed 60 hours.
9.2 The cumulative duty accrued by an FCM during any consecutive 336 hour period must not exceed 100 hours.
10 Limit on late night operations
10.1 If:
10.2 If, in any consecutive 168 hour period (the period), an FCM is assigned 3 or more FDPs involving late night operations, then for the period, the combined numerical total of all assigned or reassigned:
Note Thus, in any consecutive 168 hour period, if an FCM is assigned 3 late night operations, he or she may only also be assigned 1 other FDP (late night operation or otherwise), or 1 standby. If, in the 168 hour period, the FCM is assigned 4 late night operations, he or she must not also be assigned any other FDP or standby.
10.3 For this clause, reference to an assigned FDP involving a late night operation includes a reassigned FDP under subclause 4.1 that is a late night operation.
10.4 An FDP that would otherwise fall within the definition of a late night operation because of an extension under subclause 4.3 or 4.4, is not a late night operation for this clause.
11 Maximum durations must not be exceeded
Unless an extension is permitted under clause 4, in performing duty an FCM must not exceed the following:
APPENDIX 7 — FATIGUE RISK MANAGEMENT SYSTEM (FRMS)
1 General
1.1 An AOC holder may apply to CASA for:
(a) a trial FRMS implementation approval, for all or part of its operations; or
(b) a full FRMS implementation approval, for all or part of its operations.
Note An AOC holder is not eligible for a full implementation approval until the FRMS has been in effective operation for at least 12 months from the date of a trial implementation approval. See clause 10.
1.2 For a trial or full FRMS implementation approval, an FRMS must include CASA approval of each of the following elements of the FRMS:
(a) the policy and objectives, and related documentation, in accordance with clause 2;
(b) the practical operating procedures in accordance with clause 3;
(c) the hazard identification, risk assessment and mitigation procedures in accordance with clause 4;
(d) the safety assurance procedures in accordance with clause 5;
(e) the safety promotion procedures in accordance with clause 6;
(f) the change management procedures in accordance with clause 7.
Note 1 Some changes may require CASA approval. See clause 7.
Note 2 Guidance on the development and implementation of FRMS is contained in the ICAO FRMS Implementation Guide for Operators.
1.3 If the AOC holder has an SMS, a trial or full FRMS implementation approval will not be given unless CASA is satisfied that the FRMS is integrated with the SMS.
1.4 Before CASA issues a trial FRMS implementation approval, CASA must be satisfied that the AOC holder’s FRMS:
(a) comprises all of the elements mentioned in subclause 1.2; and
(b) is a safe, integrated, data-driven, system which appears to be reasonably capable of continuously and effectively monitoring and managing fatigue-related safety risks using scientific principles and knowledge, and operational experience; and
(c) will enable the AOC holder to safely assess the extent to which FCMs and other relevant personnel perform at levels of alertness sufficient to ensure the safety of operations.
1.5 Before CASA issues a full FRMS implementation approval, CASA must be satisfied that the AOC holder’s FRMS:
(a) comprises all of the elements mentioned in subclause 1.2; and
(b) is a safe, integrated, data-driven, system which will continuously and effectively monitor and manage fatigue-related safety risks using scientific principles and knowledge, and operational experience; and
(c) will enable the AOC holder to ensure that FCMs and other relevant personnel perform at levels of alertness sufficient to ensure the safety of operations.
2 FRMS policy and documentation
2.1 The AOC holder must have an FRMS policy:
(a) referring to all elements of the FRMS mentioned in subclause 1.2; and
(b) if the AOC holder has an SMS — which integrates the FRMS with the SMS.
2.2 The policy must require that all operations to which the FRMS applies be clearly defined in the operations manual.
2.3 The policy must:
(a) make it clear that while primary responsibility for the FRMS lies with the AOC holder, its effective implementation requires shared responsibility by management, FCMs, and other relevant personnel; and
(b) clearly indicate the safety objectives of the FRMS; and
(c) be approved in writing by the Chief Executive Officer; and
(d) be accessible to all relevant areas and levels of the organisation in a way that indicates the AOC holder’s specific endorsement of the policy; and
(e) declare management commitment to:
(i) effective safety reporting; and
(ii) provision of adequate resources for the FRMS; and
(iii) continuous improvement of the FRMS; and
(f) require that clear lines of accountability are identified for management, FCMs, and all other relevant personnel; and
(g) require periodic reviews to ensure the policy remains relevant, appropriate and adhered to.
2.4 The policy must:
(a) be in a written statement; and
(b) require that each other element of the FRMS mentioned in subclause 1.2 be described in a written statement.
2.5 Each written statement of an FRMS element and its procedures must make it clear that the statement is a description of systematised practices in continuous use and implementation for all operations to which the FRMS applies.
2.6 In addition to the requirements under subclauses 2.4 and 2.5, and the relevant limits and procedures contained in the operations manual in accordance with this Order, the FRMS must also be supported by the following documentation, namely, up-to-date identification, description and records of the following:
(a) the personnel accountabilities, responsibilities and authorities for effective implementation of the FRMS, including the FRMS Manager;
(b) the mechanisms for ongoing involvement in fatigue risk management of management, FCMs, and all other relevant personnel;
(c) the FRMS training programs, training requirements and records of attendance at training;
(d) the FRMS outputs, including findings from collected data, and recommendations and actions taken.
3 FRMS practical operating procedures
3.1 The FRMS practical operating procedures must, as a minimum:
(a) incorporate scientific principles and knowledge; and
(b) identify, on a continuous basis, fatigue-related safety hazards and the risks that result from them; and
(c) ensure that remedial actions, necessary to effectively mitigate the risks associated with the hazards, are implemented properly and expeditiously; and
(d) provide for continuous recording and monitoring of, and regular assessment of:
(i) fatigue-related safety hazards; and
(ii) relevant remedial actions; and
(iii) the extent to which mitigation of fatigue-related risks is achieved by remedial actions; and
(e) provide for continuous improvement in the effectiveness of the FRMS.
3.2 The FRMS practical operating procedures must set out:
(a) maximum values for each FCM for the following:
(i) flight times;
(ii) flight duty periods;
(iii) duty periods; and
(b) minimum values for each FCM off-duty periods.
Note The terms flight time, flight duty period, duty period and off-duty period are defined in this Order.
3.3 Subject to subclause 3.4, where an AOC holder acquires data from an FRMS which indicates that the maximum and minimum values required under paragraphs 3.2 (a) and 3.2 (b) are too high or too low, respectively, the AOC holder must amend the FRMS to ensure that these values are acceptable.
3.4 For subclause 3.3, an amendment may only be made in accordance with clause 7.
3.5 For paragraph 215 (3) (a) of CAR 1998, an AOC holder’s FRMS must form part of the holder’s operations manual.
Note As part of the operations manual, the FRMS may be the subject of directions from CASA under subregulation 215 (3) of CAR 1988.
4 FRMS hazard identification, risk assessment and mitigation procedures
FRMS hazard identification procedures
4.1 FRMS hazard identification procedures must be based on the following processes for fatigue-related hazard identification:
(a) the predictive process;
(b) the proactive process;
(c) the reactive process.
4.2 The predictive process must be capable of identifying fatigue-related hazards by examining FCM scheduling and taking into account the following:
(a) factors known to affect sleep;
(b) factors known to affect fatigue;
(c) the effects of the factors mentioned in paragraphs (a) and (b) on FCM performance.
4.3 For subclause 4.2, methods of examination may include, but are not limited to, the following:
(a) AOC holder, or industry, operational experience and data collected on similar types of operations;
(b) evidence-based scheduling practices;
(c) bio-mathematical models.
4.4 The proactive process must be capable of identifying fatigue-related hazards within current flight operations.
4.5 For subclause 4.4, methods of identifying may include, but are not limited to the following:
(a) self-reporting of fatigue risks;
(b) fatigue surveys of FCMs;
(c) relevant FCMs performance data;
(d) available safety databases and scientific studies;
(e) analysis of planned versus actual time worked.
4.6 The reactive process must be capable of identifying the contribution of fatigue-related hazards to actual events that could have affected, or did affect, safety, with a view to determining how the effects of fatigue on each event could have been minimised.
4.7 For subclause 4.6, actual events may include, but are not limited to, those that are the subject of, or are mentioned in, 1 or more of the following:
(a) fatigue reports;
(b) confidential reports;
(c) audit reports;
(d) aircraft incidents;
(e) flight data analysis events.
FRMS risk assessment procedures
4.8 FRMS risk assessment procedures must be capable of determining the following:
(a) the probability of events occurring or circumstances arising that create a fatigue-related hazard;
(b) the potential severity of fatigue-related hazards;
(c) when the safety risks associated with paragraph (a) or (b) require mitigation.
4.9 For subclause 4.8, the FRMS risk assessment procedures must ensure that identified fatigue-related hazards are examined in relation to the following:
(a) the relevant operational context and procedures in which the identified fatigue-related hazard arose;
(b) the probability of the fatigue-related hazard arising in those circumstances;
(c) the possible consequences of the fatigue-related hazard in those circumstances;
(d) the effectiveness of existing safety procedures and controls to prevent, or, if prevention is not possible, to mitigate:
(i) the risk of the fatigue-related hazard arising; and
(ii) the possible consequences of the fatigue-related hazard.
FRMS risk mitigation procedures
4.10 FRMS risk mitigation procedures for each fatigue-related hazards must be capable of:
(a) selecting appropriate mitigation strategies for the hazard; and
(b) implementing the selected mitigation strategies; and
(c) monitoring the implementation and effectiveness of the strategies.
5 FRMS safety assurance procedures
5.1 FRMS safety assurance procedures must use the following methods to check on and validate the effectiveness of the fatigue-related risk controls used by the AOC holder:
(a) continuous monitoring of the performance of the FRMS;
(b) assessment of data originating from use of the FRMS and other relevant and reliable sources, including relevant data from sources mentioned in subclause 5.2;
(c) analysis of trends evident in the FRMS data mentioned in paragraph (b).
5.2 For paragraph 5.1 (b), the sources of data may include, but are not limited to:
(a) hazard reporting and investigations; and
(b) audits and surveys; and
(c) reviews and fatigue studies.
5.3 FRMS safety assurance procedures must include a formal process for the management of changes to the FRMS arising from the following:
(a) identification of changes in the operational environment that may affect FRMS;
(b) identification of changes within the AOC holder’s organisation that may affect FRMS.
5.4 The FRMS safety assurance procedures must include a formal process to assess:
(a) what impact a change mentioned in paragraph 5.3 (a) or 5.3 (b) may have on the effective performance of the FRMS; and
(b) for such a change — what amendment, change or modification may be needed to the FRMS to ensure its continued effective performance.
5.5 FRMS safety assurance procedures must provide for the continuous improvement of the FRMS, by means including the following:
(a) the elimination or modification of fatigue-related risk controls that:
(i) have had unintended negative consequences; or
(ii) are no longer required because of changes in the AOC holder’s operational or organisational environment;
(b) regular and frequent evaluation of facilities, equipment, documentation and procedures to determine their implications for fatigue-related risk management and control;
(c) monitoring and identification of emerging fatigue-related risks to allow timely introduction of new procedures and procedures to prevent or mitigate such risks.
6 FRMS safety promotion procedures
6.1 FRMS safety promotion procedures for fatigue-related hazards must include training and communication programs capable of supporting and continuously improving all elements of the FRMS in the delivery of optimum safety levels.
6.2 For subclause 6.1, FRMS safety promotion procedures must include the following:
(a) regular training programs for management, FCMs, and all other relevant personnel to ensure competency levels commensurate with the role and responsibility of the person under the FRMS;
(b) an effective FRMS communication plan that:
(i) explains all elements of the FRMS to management, FCMs, and all other relevant personnel; and
(ii) describes the communication channels which they must use to gather, disseminate and apply FRMS-related information.
7 FRMS change management procedures
7.1 The FRMS change management procedures must:
(a) meet the requirements of this clause; and
(b) clearly indicate how the AOC holder will amend, change or modify any element of the FRMS consistently with the requirements of this clause.
7.2 The change management procedures set out in this clause apply to:
(a) an AOC holder with a trial FRMS implementation approval; and
(b) an AOC holder with a full FRMS implementation approval.
7.3 After issuing an FRMS implementation approval, CASA may, in writing, direct an AOC holder to amend, change or modify the FRMS (including practices and documents), and the AOC holder must comply within the time specified by CASA in the direction.
Note 1 A failure to comply may result in revocation of the FRMS implementation approval.
Note 2 CASA’s power to direct changes to an FRMS is an emergency power for safety purposes only. It does not relieve any approval holder of their own obligation to improve the performance of their FRMS where this is safe and practicable under subclause 7.4.
7.4 Subject to subclause 7.5, the AOC holder must obtain the written permission of CASA before the holder amends, changes or modifies, in practice or in writing, any element of the FRMS mentioned in subclause 1.2 as approved by CASA.
7.5 Subclause 7.4 does not apply to the following:
(a) any decrease in the values required under paragraph 3.2 (a);
(b) any increase in the values required under paragraph 3.2 (b);
(c) any other change to the written statement of, or the practices associated with, any element of the FRMS (other than the FRMS change management process) which:
(i) is intended to deliver higher safety outcomes (including through clarification in the way any element of the FRMS is expressed); and
(ii) has been assessed and approved, in accordance with the procedures mentioned in paragraph 7.1 (b), as likely to deliver quantifiably higher safety outcomes; and
(iii) would be considered by a reasonable AOC holder, committed to excellence in the management and control of fatigue-related risks, as likely to result in higher safety outcomes when compared to the element as approved by CASA;
(d) any change in the names of individuals with roles and responsibilities under the FRMS;
(e) the correction of minor typographical errors.
7.6 To avoid doubt, the AOC holder must not amend, change or modify any of the following:
(a) any requirement that an FRMS must meet to comply with this Appendix;
(b) the FRMS change management process approved by CASA;
(c) anything in an element of the FRMS as approved by CASA which a reasonable AOC holder, committed to excellence in the management and control of fatigue-related risks, would regard as likely to result, at any time, in a lowering or diminishing of safety outcomes when compared to the element as approved by CASA.
7.7 A change to any element of the FRMS as approved by CASA and mentioned in paragraph 7.5 (a), (b) or (c) must be:
(a) recommended in writing by the FRMS Manager; and
(b) endorsed in writing by the Chief Executive Officer; and
(c) notified in writing to CASA within 7 days of the endorsement mentioned in paragraph (b).
7.8 A change to any element of the FRMS as approved by CASA and mentioned in paragraph 7.5 (d) or (e) must be:
(a) recommended in writing by the FRMS Manager; and
(b) notified in writing to CASA within 7 days of the recommendation mentioned in paragraph (a).
8 Trial FRMS implementation approval
8.1 CASA may, on written application, issue an AOC holder with a trial FRMS implementation approval for up to 24 months, if CASA is satisfied that each element of the AOC holder’s FRMS:
(a) complies with and meets the requirements, attributes and characteristics of an FRMS under this Appendix; and
(b) is capable of delivering:
(i) identified safety outcomes; and
(ii) fatigue-risk data and reports; and
(iii) continuous improvement in the delivery of safety outcomes.
8.2 If an approval was issued under subclause 8.1, CASA may, by issuing a new trial FRMS implementation approval, extend the duration of the approval:
(a) on the written application of the AOC holder; or
(b) on CASA’s own initiative if CASA considers that aviation safety requires a longer trial FRMS implementation approval period before a full FRMS implementation approval.
Note More than 1 extension is possible if CASA considers it appropriate and trial FRMS implementation approval status could, therefore, be required to last longer than 24 months.
9 Full FRMS implementation approval
9.1 CASA may, on written application, issue an AOC holder with a full FRMS implementation approval, if the AOC holder:
(a) has held a trial FRMS implementation approval for at least 12 months; and
(b) satisfies CASA, through relevant data and reports, that the FRMS:
(i) is demonstrably delivering the safety outcomes expected when the trial FRMS implementation approval was given; and
(ii) is capable of delivering continuous improvement in the delivery of safety outcomes.
9.2 If, for this clause, CASA decides not to issue the AOC holder with a full FRMS implementation approval, the holder may apply again to CASA for a trial FRMS implementation approval and clauses 8 and 9 will apply according to their terms.
10 Expiry, suspension, revocation, surrender of FRMS implementation approval
10.1 An FRMS implementation approval stops having effect if:
(a) it expires, or it is suspended or revoked in writing by CASA; or
(b) the AOC holder tells CASA in writing that the holder wants to surrender the approval.
10.2 If the approval is revoked or surrendered, the AOC holder must return the approval instrument to CASA within 14 days.
10.3 CASA may revoke or suspend an approval if:
(a) the AOC holder does not comply with the requirements of this Order for implementation or use of an FRMS; or
(b) CASA considers that continued implementation or use of the FRMS would adversely affect aviation safety; or
(c) the AOC holder refuses CASA reasonable access to any information or records produced under or for the FRMS which CASA requests in writing for the purpose of assessing the effectiveness and safety of the FRMS; or
(d) for a revocation only — CASA wishes to reissue the approval in a varied form.
10.4 To avoid doubt, in this clause, reference to an FRMS implementation approval means a trial or full FRMS implementation approval, and includes the approval as varied by CASA.
Note to Civil Aviation Order 48.1 Instrument 2013
Note: The Civil Aviation Order (in force under the Civil Aviation Regulations 1988) as shown in this document comprises Civil Aviation Order 48.1 Instrument 2013 amended as indicated in the Tables below.