Civil Aviation Order 48.1 Instrument 2019

PART 1 GENERAL

1 Name of instrument

1.1 This instrument is the Civil Aviation Order 48.1 Instrument 2019.

1.2 The Table of Contents at the front of this instrument is not part of this instrument. It is for guidance only and may be modified or edited in any published version of this instrument.

4 Application

4.1 Subject to paragraph 4.2, this CAO applies on and from 2 December 2021 to each of the following:

(a) subject to subparagraph (b), an AOC, other than a foreign air transport AOC;

Note The expression “foreign air transport AOC” and the related expression “foreign air transport operation” are defined in the CASR Dictionary. See Part 129 of CASR.

(b) except when subsection 11 applies — an AOC which covers application operations under Part 137 of CASR;

(c) a Part 138 certificate;

(d) a Part 141 certificate;

(e) a flight crew member employed by the holder of an AOC or a certificate to which subparagraph (a), (b), (c), or (d) applies;

(f) for the purposes of subsection 16 — a flight crew member mentioned in that subsection;

(g) a flight crew member on a flight conducted as a private operation.

4.2 Without affecting paragraph 4.4, this CAO does not apply to any of the following:

(a) a Part 141 operator for authorised Part 141 flight training;

(b) a Part 142 operator for authorised Part 142 activity;

(c) an FCM of an operator mentioned subparagraph (a) or (b);

if the flight training or the activity is conducted in a flight simulation training device as the sole and exclusive form of training or activity conducted by the operator under the authorisation.

Note The CAO will apply to a person mentioned in subparagraph (a) or (b), and hence apply to a person mentioned in subparagraph (c), if any training or activity involves operations in an aircraft.

4.3 Subject to paragraph 4.4, this CAO sets out:

(a) for paragraph 28BA (1) (b) of the Act — conditions on each AOC mentioned in subparagraphs 4.1 (a) and (b); and

(b) for subregulation 11.068 (1) of CASR, conditions on each of the following:

(i) each Part 138 certificate mentioned in subparagraph 4.1 (c);

(ii) each Part 141 certificate mentioned in subparagraph 4.1 (d);

Note Conditions on an AOC are imposed under paragraph 28BA (1) (b) of the Act. Conditions on a Part 141 certificate or a Part 138 certificate are imposed under subregulation 11.068 (1) of CASR.

(c) for subregulation 11.068 (1) of CASR — conditions on the flight crew licence of each flight crew member mentioned in subparagraphs 4.1 (e), (f) and (g).

4.4 The condition set out in paragraph 16.1 applies to the holder of a flight crew licence whether or not the person is employed by the holder of an AOC or a Part 138, Part 141,or Part 142 certificate mentioned in paragraph 4.1 or 4.2.

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

5 When the CAO takes effect

5.1 Without affecting this CAO as in force immediately before 2 December 2021, this CAO takes effect:

(a) for an operator who holds an AOC or certificate mentioned in paragraph 4.1 — on and from 2 December 2021; and

(b) for a person who is issued with an AOC or certificate mentioned in paragraph 4.1 — on and from the day the AOC or certificate is issued; and

(c) for a flight crew member of an operator or person mentioned in subparagraph (a) or (b) — on and from the day mentioned in subparagraph (a) or (b) for the operator or person; and

(d) for a flight crew member on a flight conducted as a private operation — on and from 2 December 2021.

5.2 Each flight crew member of an operator or person mentioned in paragraph 5.1 must comply with the applicable requirements of this CAO that apply to, and take effect for, the operator or person in accordance with this subsection.

5A Approval of non-compliance

5A.1 CASA may, on application or on its own initiative, by instrument in writing, approve limited or minor non-compliance with the requirements of a specified provision of this CAO.

5A.2 An approval has the effect that the specified provision of this CAO does not apply to the AOC holder to whom the approval applies, provided that any conditions expressed in the approval are complied with.

Note The expression AOC holder includes the holder of a Part 138 certificate or a Part 141 certificate: see the definition of AOC holder in subsection 6.

5A.3 An approval mentioned in paragraph 5A.2 has the effect that the specified provision of this CAO does not apply to the AOC holder’s flight crew members.

5A.4 CASA must not grant an approval unless CASA is satisfied that compliance with the approval, including any conditions of the approval, will preserve an acceptable level of aviation safety.

5A.5 An instrument of approval is a legislative instrument if the instrument is expressed to apply to a class of AOC holders.

5A.6 An instrument of approval is not a legislative instrument if the instrument is expressed to apply to a particular AOC holder.

6 Definitions

6.1 In this CAO:

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.

aerial work certificate means a certificate issued under regulation 138.040 of CASR.

aerial work operator has the meaning given by the CASR Dictionary.

Note An aerial work operator is the holder of an aerial work certificate.

AOC means an Air Operator’s Certificate.

AOC holder, or holder, means the holder of an Air Operator’s Certificate issued under Part III, Division 2 of the Act but, except in subsection 4, is also taken to include the holder of one of the following to whom this CAO applies:

(a) a Part 138 certificate;

(b) a Part 141 certificate.

Note See also paragraph 6.5.

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 but does not include flight training that is conducted in a flight simulation training device as the sole and exclusive form of training conducted by the operator.

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

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 means the Civil Aviation Regulations 1988.

CASR 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 CAO, means a continuous, unbroken, period of time for the duration of the hours or days mentioned.

crew member has the meaning given by the CASR Dictionary.

crew rest facility means 1 of the following defined classes of facility on board an aircraft that is available to an FCM:

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

(i) is fit for the purpose of an FCM obtaining sleep in 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, which means a seat in an aircraft cabin that:

(i) is fit for the purpose of an FCM obtaining sleep in 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, which means a seat in an aircraft cabin or flight deck that:

(i) is fit for the purpose of an FCM obtaining rest; and

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

(iii) 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, for an FCM, means the progressive total of flight time accrued by the FCM when acting as a crew member on board any aircraft, but 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:

(a) starts when an FCM is required by an AOC holder to report for duty; and

(b) ends when the FCM is free of all duties.

Note A duty period includes any time spent by the FCM in positioning. See the definition of positioning in subparagraph 6.3 (e).

early start, for an FDP of an FCM, means:

(a) in Appendix 2:

(i) if the FCM is acclimatised — an FDP that commences between the hours of 0500 and 0659 local time at the location where the FCM is acclimatised; or

(ii) if the FCM is in an unknown state of acclimatisation — an FDP that commences between the hours of 0500 and 0659 local time at the location where the FCM was last acclimatised; and

(b) for an Appendix other than Appendix 2 — an FDP that commences between the hours of 0500 and 0659 local time at the location where an FCM commences the FDP.

emergency service operation means an operation involving an aircraft:

(a) for the purpose of law enforcement, or saving or protecting life or property; and

(b) conducted by, or at the request of, an organisation recognised by an Australian governmental agency as having responsibility to conduct or request the operation as part of the organisation’s functions.

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) is appropriate for the size, nature and complexity of the AOC holder’s operations; and

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

(c) is approved for implementation by CASA.

fit for the purpose, for a crew rest facility, or suitable sleeping accommodation, means that the facility, or accommodation, has ergonomic characteristics which make it suitable for an FCM to obtain sleep or rest, as the case requires.

Note CASA has issued guidance on relevant ergonomic characteristics in CAAP 48‑01.

flight crew licence has the meaning given by the CASR Dictionary.

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

Note Under Part 1 of the CASR Dictionary, flight crew member means a crew member who is a pilot or flight engineer assigned to carry out duties essential to the operation of an aircraft during flight time. 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 at the later of:

(i) the person’s completion of all duties associated with the flight, or the last of the flights; or

(ii) 15 minutes after the end of the person’s flight, or the last of the flights.

Note See also the definition of positioning.

flight review has the same meaning as in regulation 61.010 of CASR.

Note Flight review means an assessment of the competency of an FCM to perform:

(a) for the holder of a pilot licence or flight engineer licence — an activity authorised by a flight crew rating that the crew member holds; or

(b) for the holder of a glider pilot licence — an activity authorised by the licence.

flight time, for an FCM, means such part of the total time mentioned for an aircraft in subparagraph (a) or (b) (as the case may be) which occurs while the FCM is acting as a crew member on board the aircraft:

(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.

Note Thus, flight time for an FCM does not include the time he or she spends in positioning.

flight training has the same meaning as in regulation 61.010 of CASR and, to avoid doubt, includes flight training associated with aerial work.

Note Flight training, for a flight crew licence, rating or endorsement, means the training mentioned in regulation 61.195 of CASR for the licence, rating or endorsement.

flight training associated with aerial work means flight training for the grant, under Part 61 of CASR, of a rating or endorsement mentioned in subparagraph (a), (b), (c) or (d):

(a) the following operational ratings:

(i) low-level rating;

(ii) aerial application rating;

(iii) night vision imaging system rating;

(b) endorsements for the following operational ratings:

(i) low-level rating;

(ii) aerial application rating;

(iii) night vision imaging system rating;

(c) the following endorsements on the flight instructor rating:

(i) low-level rating training endorsement (category specific);

(ii) aerial application rating (day) training endorsement (category specific);

(iii) aerial application rating (night) training endorsement (category specific);

(iv) night vision imaging system rating training endorsement;

(v) sling operations training endorsement;

(vi) winching and rappelling operations training endorsement;

(d) the following endorsements on the flight examiner rating:

(i) low-level rating flight test endorsement (category specific);

(ii) aerial application rating flight test endorsement (category specific);

(iii) night vision imaging system rating flight test endorsement.

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.

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

local time, for a location, means:

(a) local time in the time zone of the location; or

(b) local time in a time zone (the alternative local time):

(i) that adjoins the time zone of the location; and

(ii) whose nearest boundary is reasonably proximate to the location;

provided the alternative local time is:

(iii) specified in the AOC holder’s operations manual; and

(iv) used consistently as local time for the location, for the purposes of this CAO.

Note 1 CASA considers an alternative time zone to be used consistently as local time for a location if it is used, for example, throughout a period of daylight saving in the location or the adjoining time zone.

Note 2 Examples of where an AOC holder may consider using alternative local time are as follows:

medical personnel means a person with medical, paramedical or nursing qualifications, and responsibilities directly related to the qualifications.

medical transport operation means an aircraft operation consisting of 1 or more flights for any of the following purposes:

(a) delivery of urgent medical assistance to a person, when determined to be necessary by a medical transport tasker;

(b) transportation of any of the following, when determined to be necessary by a medical transport tasker:

(i) an ill or injured person;

(ii) another person directly involved with the person mentioned in sub‑subparagraph (i);

Note For example, a close relative or the police.

(iii) medical personnel intended to be, or who are, directly involved with the person mentioned in sub-subparagraph (i);

(iv) blood, tissue or an organ for transfusion, grafting or transplantation (an item), including a person who has authorised custody of the item;

(c) the return of the aircraft to its base because an operation mentioned in subparagraph (a) or (b) is completed.

medical transport tasker means:

(a) medical personnel; or

(b) an organisation whose purpose is, or whose purposes include, medical transport tasking.

multi-pilot operation:

(a) means an aircraft operation conducted under multi-pilot procedures contained in the AOC holder’s operations manual; but

(b) does not include:

(i) contracted checking, within the meaning of regulation 142.020 of CASR; or

(ii) contracted recurrent training within the meaning of regulation 142.020 of CASR;

unless the training or checking is conducted as a multi-crew operation within the meaning of regulation 61.010 of CASR.

mustering operation means an aerial work operation, by a Part 138 operator, to herd or otherwise control livestock, and includes the following:

(a) aerial livestock spotting;

(b) aerial humane killing of livestock that is injured or being culled;

(c) flight training associated with aerial work for any of the activities mentioned in this definition.

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.

operator proficiency check has the same meaning as in regulation 61.010 of CASR.

Note An operator proficiency check means an assessment conducted by an operator in accordance with its training and checking responsibilities under the Regulations of whether a person has the aeronautical skills and knowledge required by the operator.

Part 138 certificate means an aerial work certificate issued under regulation 138.040 of CASR.

Part 138 operator means the holder of a Part 138 certificate.

Part 141 certificate means the Part 141 certificate of a Part 141 operator to whom this CAO applies and, to that extent only, has the same meaning as in subregulation 141.015 (4) of CASR.

Note See also paragraph 4.2 which excludes from the scope of the CAO a Part 141 operator whose training is conducted exclusively through the use of a flight simulation training device. In subregulation 141.015 (4) of CASR, a Part 141 certificate is defined as a certificate issued under regulation 141.060 of CASR. Except in paragraph 2.2, and subsections 4 and 4B, a reference in this CAO to an AOC holder is taken to include a Part 141 operator: see paragraph 6.4.

Part 141 operator means a Part 141 operator to whom this CAO applies and, to that extent only, has the same meaning as in subregulation 141.015 (3) of CASR.

Note See also paragraph 4.2 which excludes from the scope of the CAO a Part 141 operator whose training is conducted exclusively through the use of a flight simulation training device. In subregulation 141.015 (3) of CASR, a Part 141 operator is defined as the holder of a Part 141 certificate. Except in paragraph 2.2, and subsections 4 and 4B, a reference in this CAO to an AOC holder is taken to include a Part 141 operator: see paragraph 6.4.

Part 142 operator means a Part 142 operator to whom this CAO applies and, to that extent only, has the same meaning as in subregulation 142.015 (4) of CASR.

Note See also paragraph 4.2 which excludes from the scope of the CAO a Part 142 operator whose activity is conducted exclusively through the use of a flight simulation training device.

positioning is defined in paragraph 6.3.

private operation has the meaning given by the CASR Dictionary.

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.

reporting time means the time assigned to an FCM to commence 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 CAO, has the following meanings:

(a) except for a rotorcraft — any flight consisting of a take-off and a landing, when conducted by a person in the capacity of an FCM;

(b) for a rotorcraft — the period:

(i) from when the rotor blades start turning until they stop turning; and

(ii) during which an FCM on the rotorcraft conducts 1 or more flights, each consisting of a take-off and a landing;

(c) each hour, or each part of an hour, of an FDP spent in a synthetic training device.

single-pilot operation means any operation other than a multi-pilot operation.

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, washing or 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 4B or 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; and

(c) is free from all duties associated with his or her employment.

Note If suitable sleeping accommodation is not available for an FCM, who is required by an AOC holder to hold himself or herself available for duty, the FCM will be considered to be on duty and not on standby.

standby-like arrangement 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 no 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, that is fit for the purpose of an FCM obtaining sleep, and that includes the following:

(a) a comfortable room, compartment or facility;

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

(c) access to clean, tidy and hygienic amenities, including a toilet and hand washing basin;

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

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

(f) the means 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, synthetic training device means a flight simulator, a flight training device, or a basic instrument flight trainer.

the Regulations means CAR and CASR, as in force from time to time.

Note The effect of regulation 2C is that the Regulations, CAR and CASR, are to be read together.

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 48‑01.

window of circadian low, or WOCL, for an FCM, means:

(a) in Appendix 2:

(i) if the FCM is acclimatised — the period between the hours of 0200 and 0559 local time at the location where the FCM is acclimatised; or

(ii) if the FCM is in an unknown state of acclimatisation — the period between the hours of 0200 and 0559 local time at the location where the FCM was last acclimatised; and

(b) in an Appendix other than Appendix 2 — the period between the hours of 0200 and 0559 local time at the location where the FCM commences a duty period.

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

6.2 In this CAO, if any duty is performed during all, or any part, of the period of the WOCL, the WOCL is infringed.

6.3 For this CAO, 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; and

(e) is duty and part of the duty period.

Note The time spent positioning following an FDP, as described in subparagraph 6.3 (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 10 in Appendix 2.

6.4 The expression, the operations manual, when used in a provision of this CAO, is taken to mean whichever of the following the Regulations require of the AOC holder to whom the provision applies:

(a) the operations manual of the AOC holder;

(b) the exposition of the AOC holder.

6.5 In this CAO, other than subsection 4:

(a) a reference to an AOC is taken to include a Part 138 certificate or a Part 141 certificate; and

(b) a reference to an AOC holder, or a holder, is taken to include a Part 138 operator or a Part 141 operator; and

(c) a reference to an FCM of an AOC holder (however described) is taken to include an FCM of a Part 138 operator or a Part 141 operator.

7 Determination of acclimatisation

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

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

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

Note AOC holders and FCMs should be aware that a determination of acclimatisation under this definition may impact on an individual’s body clock to a small degree. For guidance on acclimatisation, AOC holders and FCMs should refer to CAAP 48‑01.

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

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

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

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

(b) an adaptation period that is:

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

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

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

(A) immediately preceded the adaptation period; and

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

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

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

(a) determine the time zone displacement between:

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

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

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

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

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

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

Table 7.1 Adaptation period to become acclimatised

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

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

Note 3 For guidance in determining acclimatisation, including examples of how an FCM becomes reacclimatised in accordance with paragraph 7.4, AOC holders and FCMs should refer to CAAP 48‑01.

PART 2 CONDITIONS

8 General condition on Air Operators’ Certificates

Each AOC is subject to the condition that the AOC holder must:

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

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

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

9 General conditions on flight crew licences

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

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

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

PART 3 LIMITS AND REQUIREMENTS

10 Limits and requirements for operations

10.1 Subject to subsections 11, 12 and 13, for an aircraft operation mentioned in column 1 of Table 10.1, an AOC holder must:

(a) choose at least 1 of the Appendices in column 2 of the Table that corresponds to the operation; and

(b) comply with the limits and requirements for FCMs mentioned in whichever 1 or more of the Appendices in column 2 of the Table the holder chooses that corresponds to the operation; and

(c) for each kind of operation conducted by the holder — specify in the operations manual the Appendix or Appendices with which the holder has chosen to comply.

Note 1 In this subsection, and generally throughout the CAO, a reference to an AOC holder is taken to include a reference to a Part 138 operator and a Part 141 operator: see paragraph 6.4, but also paragraph 4.2.

Note 2 This CAO, including the limits and requirements under subsection 10, does not apply to flight training in a flight simulation training device. However, if an AOC holder requires an FCM to carry out flight training in a flight simulation training device (FSTD) as well as flight duties, the training in the FSTD must be counted as duty by virtue of the definition of duty in subsection 6.

Table 10.1 Limits and requirements for operations

10.2 Subject to subsections 11 and 13, each FCM of an AOC holder must comply with the limits and requirements mentioned in the Appendix or Appendices which the AOC holder has chosen to comply with under paragraph 10.1.

11 Part 137 operations

11.1 Despite any other provision of this Order, this subsection takes effect on 2 September 2019.

11.2 In this subsection:

relevant operation means an aerial application operation in an aeroplane under Part 137 of CASR.

Note Subsection 11 has no application to aerial application operations in a helicopter.

11.3 Except for this subsection, paragraph 16.1 and any relevant definitions in subsection 5, this CAO does not apply to:

(a) an AOC holder engaged in a relevant operation;

(b) an FCM employed by, and undertaking duties for, the AOC holder mentioned in subparagraph (a).

11.4 It is a condition on the AOC of an AOC holder mentioned in subparagraph 11.3 (a) that the holder must comply with Subpart 137.Q of CASR.

Note Such AOC holders are bound by Subpart 137.Q of CASR and there are penalties under Subpart 137.Q for failure to comply.

11.5 It is a condition on the flight crew licence of an FCM mentioned in subparagraph 11.3 (b) that the FCM must comply with Subpart 137.Q of CASR.

Note Such FCMs are bound by Subpart 137.Q of CASR and there are penalties under Subpart 137.Q for failure to comply.

11.6 Subject to paragraph 11.7, before an FCM conducts a relevant operation for an AOC holder, the holder must be satisfied that the FCM has received awareness material, or training, in managing the fatigue-related risks relevant to his or her duties as an FCM.

11.7 Paragraph 11.6 does not apply until 1 July 2020 to an AOC holder for a relevant operation if the holder held an AOC for the relevant operation immediately before 30 April 2013.

12 Private operations

12.1 Subject to paragraph 12.3, this CAO does not apply to an AOC holder when conducting private operations.

12.2 Subject to the condition mentioned in paragraph 16.1, and paragraph 12.3, this CAO does not apply to an FCM when conducting private operations.

Note The condition under paragraph 16.1 applies to FCMs whether or not they are employed by an AOC holder. Paragraph 16.1, therefore, applies to FCMs engaged in private operations as well as FCMs engaged in operations under an AOC. Guidance on the assessment of individual cognitive and physical fitness is contained in CAAP 48‑01. CASA recommends that FCMs engaged in private operations consider this guidance in determining self-prescribed limits.

12.3 Despite paragraphs 12.1 and 12.2, if an FCM performs duty by conducting a private operation (a private flight) during an FDP that involves a flight that is not a private operation (a non-private flight), the rules in paragraph 12.4 apply in relation to the FCM.

12.4 For paragraph 12.3:

(a) if the private flight is conducted before any non-private flight is conducted — the private flight time must be taken to be part of the FCM’s FDP and must not be taken to be part of the FCM’s off-duty period; and

(b) if the private flight is conducted between non-private flights — the private flight time must be taken to be part of the FCM’s FDP and must not be taken to be part of the FCM’s off-duty period; and

(c) if:

(i) only 1 non-private flight is conducted during the FDP; and

(ii) the private flight is conducted after the non-private flight;

the private flight time must be taken to be part of the FCM’s duty period and must not be taken to be part of the FCM’s off-duty period; and

(d) if:

(i) more than 1 non-private flight is conducted during the FDP; and

(ii) the private flight is conducted after the last non-private flight;

the private flight time must be taken to be part of the FCM’s duty period and must not be taken to be part of the FCM’s off-duty period.

Note CAAP 48-01 provides examples of how to consider private flights within an FDP.

13 Operations under multiple Appendices

13.1 If, under paragraph 10.1, 2 or more Appendices apply to a single FDP of an FCM, the following rules apply for an operation undertaken at any particular time in the FDP:

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

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

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

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

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

13.5 Subject to paragraph 13A.2, an AOC holder and an FCM must comply with the off‑duty period requirements of the Appendix determined under paragraph 13.4 before the FCM commences another FDP.

13A Transitioning from Appendix 4B, 5 or 5A, or Subpart 137.Q of CASR

13A.1 Subject to paragraph 13A.2, an FCM, transitioning from the application of Appendix 4B, 5 or 5A, or Subpart 137.Q of CASR to his or her last FDP or standby, to the application of another Appendix of this CAO (other than Appendix 4B, 5 or 5A) (the other Appendix) to his or her next FDP or standby, must before commencing the next FDP or standby under the other Appendix, have had at least 6 days off-duty in the previous 28 consecutive days.

13A.2 Subject to paragraph 13A.3, if, despite paragraph 13A.1, an FCM has not had the minimum number of days off-duty that are specified under the subsection for the transition to the other Appendix, the FCM may commence a first FDP or standby under the other Appendix provided that:

(a) the off-duty period immediately before the first FDP or standby under the other Appendix is at least 12 hours; and

(b) the report time for the FCM for the first FDP is not earlier than 0700 hours local time; and

(c) the FCM’s previous FDP was less than 8 hours; and

(d) the first FDP is less than 8 hours in duration; and

(e) after the first FDP, there is only 1 subsequent FDP, also of less than 8 hours, before the requirements of paragraph 13A.1 must be complied with.

13A.3 Paragraph 13A.2 does not apply to a transition to Appendix 1.

14 AOC holder obligations

Fitness for duty

14.1 An AOC holder must not assign a duty on a flight to an FCM if the AOC holder reasonably believes that the FCM is unfit to perform the duty because of fatigue.

Limits

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

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

Operations manual

14.3 The AOC holder must include in the operations manual:

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

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

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

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

Note 2 An AOC holder with an FRMS implementation approval must include relevant limits in the operations manual (see subclauses 2.5 and 3.2 in Appendix 7).

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

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

Employee responsibilities

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

Meals

14.5 Except for operations under Appendix 7 — Fatigue Risk Management System (FRMS), where an FCM’s FDP is to exceed 5 hours, the AOC holder must provide the opportunity for the FCM to have access to adequate sustenance (a meal) during the first 5 hours and periodically after that meal, so that not more than 5 hours elapse between each meal.

Note For operations under Appendix 7, it is expected that the FRMS would provide the opportunity for FCMs to have access to adequate sustenance at appropriate intervals.

Records and reports

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

(a) FCM rosters;

(b) actual duty periods;

(c) actual flight times of each FCM when acting in the capacity of a crew member;

Note Thus, the flight time record does not include time spent positioning.

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

(e) any FDP that was extended under the relevant provision (if any) of the Appendix or FRMS which the AOC holder has chosen to comply with, including information about the extensions in such detail as enables the holder to comply with subparagraph 14.8 (a).

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

14.7 Each record mentioned in paragraph 14.6, including copies of reports and documents, must be securely retained for at least 5 years from the date the record and copy were made.

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

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

(b) promptly given to CASA, if so requested in writing.

Home base

14.9 Subject to paragraph 14.10, an AOC holder must:

(a) determine the home base for each FCM (a home base determination); and

(b) inform each FCM of his or her home base determination; and

(c) set out in its operations manual procedures for making a home base determination which ensure that each determination, and any changes to it, do not adversely affect aviation safety.

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

14.10 Paragraph 14.9 does not apply for an AOC holder in relation to an FCM who only conducts operations for which the limitations and requirements are those set out in Appendix 5 or Appendix 5A.

Rosters

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

Note Guidance for AOC holders with regards to their obligations is contained in CAAP 48‑01.

15 Enhanced fatigue management obligations

15.1 This subsection applies to an AOC holder to whom 1 or more of Appendices 2, 3, 4, 4A, 4B, 5, 5A and 6 of this CAO applies in accordance with subsection 10.

Operations manual procedures for hazards, multiple Appendices etc.

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

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

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

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

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

(i) are undertaken in accordance with subsections 13 and 13A; and

(ii) do not adversely affect aviation safety;

(e) details of the training and assessment required by paragraph 15.3.

Note The procedures mentioned in this paragraph may be met, at least in part, by existing procedures such as those for an SMS.

Training

15.3 Subject to subsection 15A, the AOC holder must, as a minimum:

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

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

Note The training required by this paragraph may be incorporated into existing training programs such as an AOC holder’s human factors and non-technical skills training program.

15.4 Initial training under paragraph 15.3:

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

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

15.5 Initial training under paragraph 15.3 must:

(a) be in accordance with a syllabus; and

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

(i) fatigue causes;

(ii) fatigue-related impairment;

(iii) the management of risks associated with fatigue;

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

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

15.6 Recurrent training must occur at appropriate intervals and:

(a) be in accordance with a syllabus; and

(b) revise the knowledge and understanding acquired under paragraph 15.5; and

(c) deliver a thorough knowledge and understanding of any changes in the AOC holder’s operating practices, or fatigue risk management obligations and procedures, that have occurred since initial training or the preceding recurrent training (as the case may be).

15.7 Subject to subsection 15A, an FCM must:

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

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

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

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

15.9 Each record mentioned in paragraph 15.8 must be securely retained from the date the record was made until at least 12 months after the FCM ceases to be employed by the AOC holder.

Note Guidance for AOC holders on these additional obligations is contained in CAAP 48‑01.

15A Recognition of prior initial training

15A.1 In this subsection:

agent means an organisation contracted by an AOC holder to provide initial training to its FCMs.

currency time means the period of time that is the appropriate interval at which an AOC holder requires recurrent training to occur under paragraph 15.6.

Note For example, the interval may be every 18 months, or every 24 months. Further guidance is provided in CAAP 48‑01.

initial training means fatigue-related risk training relevant to a person’s duties as an FCM.

registered training organisation has the same meaning as in the Dictionary in CASR.

Note Registered training organisation means a training organisation listed on the National Register as a registered training organisation.

15A.2 This subsection applies to an AOC holder (the current AOC holder) for an FCM (a new FCM) who becomes a new employee of the current AOC holder.

15A.3 Subject to paragraph 15A.4, the references to initial training in paragraphs 15.3 and 15.7 do not apply to the current AOC holder for a new FCM who has successfully completed initial training (the prior initial training) with:

(a) a different AOC holder or its agent; or

(b) the current AOC holder or its agent when previously employed by the current AOC holder; or

(c) a registered training organisation capable of delivering initial training.

15A.4 Paragraph 15A.3 does not apply unless:

(a) the prior initial training was completed within the currency time immediately before the new FCM becomes employed by the current AOC holder; and

(b) the current AOC holder is satisfied that:

(i) the prior initial training complied with the requirements of subparagraph 15.5 (a) and sub-subparagraphs 15.5 (b) (i) to (iii); and

(ii) the new FCM complied with the requirements of paragraph 15.7 for the prior initial training; and

(c) the satisfaction mentioned in subparagraph (b) is based on authentic records proving the matters mentioned in sub-subparagraphs (b) (i) and (ii); and

(d) within 4 weeks of the new FCM being employed by the current AOC holder — the new FCM has successfully completed an induction course to inform him or her of any fatigue-related risks and information specific to the current AOC holder; and

(e) the records mentioned in subparagraph (c), and details of the induction course mentioned in subparagraph (d), are:

(i) included with the new FCM records mentioned in paragraph 15.8; and

(ii) retained for at least the period mentioned in paragraph 15.9.

16 Flight crew member obligations

16.1 For subregulation 11.068 (1) of CASR, it is a condition on each flight crew licence that the licence holder must not begin to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to be, unfit to perform a task that the FCM must perform during the flight.

Note Guidance for FCMs on this obligation is contained in CAAP 48‑01.

16.2 The condition in paragraph 16.1 applies to an FCM regardless of whether the flight is conducted on behalf of an AOC holder, or a Part 138 operator, or a Part 141 operator, or as a private operation.

Note An FCM employed by an AOC holder must not exceed any limit specified for the FCM in the AOC holder’s operations manual, except where an extension is permitted.

APPENDIX 1 BASIC LIMITS

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 CAO 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 between the following times:

(a) the earlier of the following:

(i) the beginning of morning civil twilight on a day;

(ii) 0700 hours local time on the day;

(b) 0100 hours (local time at the location where the FDP commenced) on the following day.

2.2 Subject to subclauses 2.1, 2.3 and 2.4, an FCM may be assigned an FDP that is not longer than 9 hours.

2.3 If an FCM is assigned an FDP that is to commence before 0600 hours local time, being after the beginning of morning civil twilight — the assigned FDP must not be longer than 8 hours.

2.4 If an FCM is assigned an FDP that is to commence at or after 1400 hours local time — the assigned FDP must not be longer than 8 hours.

Note If an FDP commences after 1700 hours on a day, the FDP must be less than 8 hours because, under paragraph 2.1 (b), an FDP must not end later than 0100 hours on the following day (all times being local time at the commencing location).

2.5 An FCM may be assigned an FDP that finishes after 2200 hours local time (a late FDP) only if not more than 3 late FDPs are assigned to the FCM in any 168 consecutive hours.

2.6 An FCM must not be assigned or commence flight time for flight training during an FDP unless the flight training is conducted during the first 7 hours of the FDP’s flight time.

2.7 An FCM must not exceed the flight time limit, or an FDP limit mentioned in subclause 2.2, 2.3 or 2.4, except in accordance with clause 3.

3.1 An FDP limit mentioned in clause 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.

Note 1 Under regulation 91.215 of CASR, 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.

3.2 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP’s flight time if:

3.3 An FDP limit must not be extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 5.

3.4 Despite any limit or number under this Appendix, if:

(b) the unforeseen operational circumstances would cause an FCM to exceed any limit or number permitted under this Appendix;

then, the flight may continue to the planned destination at the discretion of the pilot in command.

4 Off-duty period limits

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 Before beginning an FDP, an FCM must have had:

(a) at least 36 consecutive hours off-duty, including 2 local nights, in the 168 hours before the projected end time of the assigned FDP; and

(b) at least 6 days off-duty in the 28 consecutive days before the FDP commences.

4.3 If an FDP under this Appendix is followed by an FDP under another Appendix, then, despite anything in the other Appendix, the FCM must have a minimum off‑duty period of at least 12 consecutive hours before commencing the FDP under the other Appendix.

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 MULTI-PILOT OPERATIONS EXCEPT FLIGHT TRAINING

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) subject to paragraph (c), if the commencement of the FDP has been delayed — the original reporting time for the FDP; or

(c) if the commencement of the FDP has been delayed by a single delay of 10 hours or more — commencing the FDP following the delay; or

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) subject to paragraph (c), if the commencement of the FDP has been delayed — the original reporting time for the FDP; or

(c) if the commencement of the FDP has been delayed by a single delay of 10 hours or more — commencing the FDP following the delay; or

Note See subsection 6 of this CAO 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 longer than 10.5 hours except in an augmented crew operation.

Note There is no flight time limit for an augmented crew operation.

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.

Table 2.1 Maximum FDP (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 CAO.