14AOC holder obligations

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.