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.