12Private operations

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.