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 longer than 10.5 hours except in an augmented crew operation.
Note There is no flight time limit for an augmented crew operation.
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.
Table 3.1 Maximum FDP 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 CAO.
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 2 hours in determining the subsequent off-duty period or cumulative duty time under clause 10 or 12 of this Appendix.
4.3 Subject to subclause 4.4, where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 or 3.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 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;
(c) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(d) the maximum FDP may be increased to 16 hours (if not already permitted); and
(e) the reduction in the subsequent off-duty period and cumulative duty time, provided for in 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 An acclimatised FCM in an augmented crew operation may be assigned an FDP that is no 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 — but only if the conditions in subclause 5.3 are met.
5.2 An FCM in an unknown state of acclimatisation in an augmented crew operation may be assigned an FDP that is no 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 — but only if the conditions in subclause 5.3 are met.
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 first sector of the FDP;
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 not more than 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) where 2 sectors are assigned, either:
(A) each FCM who will be at the aircraft controls during the landing at the end of the second sector must have had an in-flight rest period of at least 2 consecutive hours within the 8-hour period that ends at the scheduled time of the landing; or
(B) the scheduled flight time of the second sector 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 48‑01.
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.
Table 5.1 Maximum FDP (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 CAO.
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.
Table 5.2 Maximum FDP (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 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 CAO).
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 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 or another Appendix of this CAO.
6.3 If the AOC holder:
then the FCM’s FDP is taken to commence at the original reporting time.
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 6.13 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:
(ii) at least 2 hours before each new reporting time; or
(i) at least 1 hour before the time the FCM would normally have had to leave his or her accommodation in order to report in a timely way for duty at the original reporting time; and
(ii) at least 1 hour before each new time the FCM would normally have had to leave his or her accommodation in order to report in a timely way for duty at the reporting time.
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:
(a) the original reporting time;
(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 or another Appendix of this CAO.
6.11 Subject to subclause 6.13, if:
(a) an FCM’s FDP is delayed under subclause 6.6; and
6.12 Subject to subclause 6.13, if:
(a) the FCM’s FDP is delayed under subclause 6.6; and
6.13 The combined duration of 1 or more delays and the immediately following FDP must not exceed 16 hours unless the FDP:
(a) is an augmented crew operation;
(b) contains a split-duty rest period.
6.14 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 or another Appendix of this CAO.
6.15 In this clause:
informed means informed by the AOC holder in accordance with procedures in the holder’s operations manual for communicating information between the holder and an FCM.
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 (a reassignment), provided that each of the following applies:
(a) subject to subclause 7.3 — the modified FDP and flight time does not exceed the limits in the holder’s operations manual for the new number of sectors;
Note Fitness in this context is based on the FCM’s self-assessment. An FCM has an obligation under paragraph 16.1 of this CAO not to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to become, unfit for the task. If such circumstances apply, the FCM must decline the reassignment.
7.2 If subclause 7.1 applies, the FCM may continue in the modified FDP in accordance with subclause 7.1.
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 Before exercising the discretion under subclause 7.3 to extend the FDP limit of an FCM, the pilot in command must:
7.5 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:
(a) it is operationally necessary in order to complete the duty;
7.6 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.
7.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
8 Standby limits and standby-like arrangements
8.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 14 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 4 hours.
8.3 If an FCM is called out, the maximum combined duration of standby and the subsequent FDP is 16 hours, except where the subsequent FDP:
(a) is an augmented crew operation; or
(b) includes a split-duty rest period, in suitable sleeping accommodation, of at least 4 consecutive hours.
8.4 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
8.5 To remove any doubt, the period of time in which an FCM is held in a standby-like arrangement must be treated as a duty period for the purposes of this CAO.
Note For example, the period spent in a standby-like arrangement must be included as part of a following FDP assigned to the FCM or added to the preceding FDP when determining minimum off-duty periods under clause 10.
9 Positioning
On completion of assigned flight duties in an FDP (the relevant FDP), an FCM may position to a suitable location as required by the AOC holder.
Note As with any duty, the time spent in positioning after completion of the FDP must be added to the relevant FDP when determining minimum off-duty periods under clause 10.
10 Off-duty period limits
10.1 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period, 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:
(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 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period (other duty time), 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 and the other duty time 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 and the other duty time exceeded 12 hours; and
(ii) the amount of the displacement time.
10.3 Despite subclause 10.1, if the sum of an FCM’s FDP (the last FDP), and his or her duty time (if any) after completion of the FDP but before commencement of the following off‑duty period, 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.
10.4 Despite subclauses 10.1 and 10.2, 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:
(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 at least 6 days off‑duty in the 28 consecutive days before the standby or FDP commences.
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 Limits on infringing the WOCL and early starts
13.1 Subject to subclause 13.3, an FCM must not be assigned more than 3 consecutive early starts.
13.2 Subject to subclause 13.3, an FCM, whose duties have already infringed 3 consecutive WOCLs, must not be assigned an FDP that would again infringe the WOCL without at least an intervening off-duty period that includes a local night.
13.3 Despite subclauses 13.1 and 13.2, the FCM may have a 4th, or a 4th and a 5th, consecutive early start (whether or not the start infringes the WOCL) if:
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 MULTI-PILOT OPERATIONS EXCEPT COMPLEX OPERATIONS AND FLIGHT TRAINING
Note Multi-pilot operations (other than flight training) that do not cross time zones, or involve augmented crew operations, may find Appendix 3 more suitable than Appendix 2 because it has the same limitations but is less complex.
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.
2.1 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 longer than 10.5 hours.
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.
Table 2.1 Maximum FDP (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 2 hours in determining the subsequent off-duty period or cumulative duty time under clause 8 or 10 of this Appendix.
3.3 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 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 16 hours (if not already permitted); and
(c) the reduction in the subsequent off-duty period and cumulative duty time, provided for in 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 or another Appendix of this CAO.
4.3 If the AOC holder:
then, the FCM’s FDP is taken to commence at the original reporting time.
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 4.13 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:
(ii) at least 2 hours before each new reporting time;
(i) at least 1 hour before the time the FCM would normally have had to leave his or her accommodation in order to report in a timely way for duty at the original reporting time; and
(ii) at least 1 hour before each new time the FCM would normally have had to leave his or her accommodation in order to report in a timely way for duty at the reporting time.
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:
(a) the original reporting time;
(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 or another Appendix of this CAO.
4.11 Subject to subclause 4.13, if:
(a) an FCM’s FDP is delayed under subclause 4.6; and
4.12 Subject to subclause 4.13, if:
(a) the FCM’s FDP is delayed under subclause 4.6; and
4.13 The combined duration of 1 or more delays and the immediately following FDP must not exceed 16 hours unless the FDP contains a split-duty rest period.
4.14 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 or another Appendix of this CAO.
4.15 In this clause:
informed means informed by the AOC holder in accordance with procedures in the holder’s operations manual for communicating information between the holder and an FCM.
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 (a reassignment), provided that each of the following applies:
(a) subject to subclause 5.3 — the modified FDP does not exceed the limits in the holder’s operations manual for the new number of sectors;
Note Fitness in this context is based on the FCM’s self-assessment. An FCM has an obligation under paragraph 16.1 of this CAO not to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to become, unfit for the task. If such circumstances apply, the FCM must decline the reassignment.
5.2 If subclause 5.1 applies, the FCM may continue in the modified FDP in accordance with subclause 5.1.
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 Before exercising the discretion under subclause 5.3 to extend the FDP limit of an FCM, the pilot in command must:
5.5 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:
(a) it is operationally necessary in order to complete the duty; and
5.6 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.
5.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
6 Standby limits and standby-like arrangements
6.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 14 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 4 hours.
6.3 If an FCM is called out, the maximum combined duration of standby and the subsequent FDP is 16 hours except where the subsequent FDP includes a split‑duty rest period, in suitable sleeping accommodation, of at least 4 consecutive hours.
6.4 A standby which is completed without a call out must be followed by an off‑duty period of at least 10 consecutive hours.
6.5 To remove any doubt, the period of time in which an FCM is held in a standby-like arrangement must be treated as a duty period for the purposes of this CAO.
Note For example, the period spent in a standby-like arrangement must be included as part of a following FDP assigned to the FCM or added to the preceding FDP when determining minimum off-duty periods under clause 8.
7 Positioning
On completion of assigned flight duties in an FDP (the relevant FDP), an FCM may position to a suitable location as required by the AOC holder.
Note As with any duty, the time spent in positioning after completion of the FDP must be added to the relevant FDP when determining minimum off-duty periods under clause 8.
8 Off-duty periods
8.1 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period, 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 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period (other duty time), 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 and the other duty time exceeded 12 hours.
8.3 Despite subclause 8.1, if the sum of an FCM’s FDP (the last FDP), and his or her duty time (if any) after completion of the FDP but before commencement of the following off‑duty period (other duty time), 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.
8.4 Despite subclause 8.2, 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:
(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 at least 6 days off‑duty in the 28 consecutive days before the standby or FDP commences.
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 Limits on infringing the WOCL and early starts
11.1 Subject to subclause 11.3, an FCM must not be assigned more than 3 consecutive early starts.
11.2 Subject to subclause 11.3, an FCM, whose duties have already infringed 3 consecutive WOCLs, must not be assigned an FDP that would again infringe the WOCL without at least an intervening off-duty period that includes a local night.
11.3 Despite subclauses 11.1 and 11.2, the FCM may have a 4th, or a 4th and a 5th, consecutive early start (whether or not the start infringes the WOCL) if:
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 ANY OPERATIONS
Note This Appendix would generally be used by an AOC holder conducting single-pilot air transport operations. However, it may also be used by an operator conducting multi-pilot operations, aerial work operations, flight training, or any combination of operations. The enhanced fatigue management obligations set out in subsection 15 of this CAO apply to an AOC holder operating under this Appendix.
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.
2.1 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 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.
2.3 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.
Table 2.1 Maximum FDP (in hours) according to local time at start of FDP
Local time at start of FDP
Maximum FDP
0500 – 0559
9
0600 – 0759
10
0800 – 1059
11
1100 – 1359
10
1400 – 2259
9
2300 – 0459
8
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 2 hours for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 8 or 10 of this Appendix.
3.3 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 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); and
(c) the reduction in the subsequent off-duty period and cumulative duty time, provided for in 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 CAO).
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 or another Appendix of this CAO.
4.3 If the AOC holder:
then the FCM’s FDP is taken to commence at the original reporting time.
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 4.13 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:
(ii) at least 2 hours before each new reporting time; or
(i) at least 1 hour before the original reporting time; and
(ii) at least 1 hour before each new reporting time.
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 subparagraph (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:
(a) the original reporting time; or
(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 or another Appendix of this CAO.
4.11 Subject to subclause 4.13, if:
(a) an FCM’s FDP is delayed under subclause 4.6; and
4.12 Subject to subclause 4.13, if:
(a) the FCM’s FDP is delayed under subclause 4.6; and
4.13 The combined duration of 1 or more delays and the immediately following FDP must not exceed 16 hours unless the FDP contains a split-duty rest period.
4.14 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 or another Appendix of this CAO.
4.15 In this clause:
informed means informed by the AOC holder in accordance with procedures in the holder’s operations manual for communicating information between the holder and an FCM.
5 Reassignment and extension
5.1 After an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP (a reassignment), provided that each of the following applies:
(a) subject to subclause 5.3 — the modified FDP does not exceed the applicable limits in the holder’s operations manual;
Note Fitness in this context is based on the FCM’s self-assessment. An FCM has an obligation under paragraph 16.1 of this CAO not to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to become, unfit for the task. If such circumstances apply, the FCM must decline the reassignment.
5.2 If subclause 5.1 applies, the FCM may continue in the modified FDP in accordance with subclause 5.1.
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 Before exercising the discretion under subclause 5.3 to extend the FDP limit, the pilot in command must be satisfied that he or she is fit for the extension.
5.5 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP’s flight time if:
5.6 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.
5.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
6 Standby limits and standby-like arrangements
6.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 14 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 4 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.
6.4 To remove any doubt, the period of time in which an FCM is held in a standby-like arrangement must be treated as a duty period for the purposes of this CAO.
Note For example, the period spent in a standby-like arrangement must be included as part of a following FDP assigned to the FCM or added to the preceding FDP when determining minimum off-duty periods under clause 8.
7 Positioning
On completion of assigned flight duties in an FDP (the relevant FDP), an FCM may position to a suitable location as required by the AOC holder.
Note As with any duty, the time spent in positioning after completion of the FDP must be added to the relevant FDP when determining minimum off-duty periods under clause 8.
8 Off-duty periods
8.1 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period, 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:
(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 If the sum of an FCM’s FDP, and his or her duty time (if any) after completion of the FDP but before commencement of the following off-duty period (other duty time), 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 and the other duty time exceeded 12 hours; and
(b) the amount that the displacement time exceeds 3 hours if travelling west, or 2 hours if travelling east.
8.3 Despite subclause 8.1, if the sum of an FCM’s FDP (the last FDP), and his or her duty time (if any) after completion of the FDP but before commencement of the following off‑duty period, 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.
8.4 Despite subclause 8.2, 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:
(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 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.
8.6 Before beginning any standby time or FDP, an FCM must have had at least 6 days off-duty in the 28 consecutive days before the standby or FDP commences.
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 Limits on infringing the WOCL and early starts
11.1 Subject to subclause 11.3, an FCM must not be assigned more than 3 consecutive early starts.
11.2 Subject to subclause 11.3, an FCM, whose duties have already infringed 3 consecutive WOCLs, must not be assigned an FDP that would again infringe the WOCL without at least an intervening off-duty period that includes a local night.
11.3 Despite subclauses 11.1 and 11.2, the FCM may have a 4th, or a 4th and a 5th, consecutive early start (whether or not the start infringes the WOCL) if:
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 4A BALLOON OPERATIONS
An FCM must not be assigned or commence an FDP unless he or she has at least:
(a) 8 consecutive hours’ sleep opportunity within the 10 hours immediately before commencing the FDP; or
(b) 10 hours’ sleep opportunity, of which at least 6 must be consecutive, within the 24 hours immediately before commencing the FDP.
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 FDP limits
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 whether or not the FDP contains a split-duty rest period.
Table 2.1 Maximum FDP (in hours) for an FCM according to whether or not the FDP contains a split-duty rest period
Does the FDP contain a split-duty rest period?
Maximum FDP (hours)
No
6
Yes
10
2.2 An FCM cannot continue in an FDP for longer than 6 hours unless he or she has completed or commenced a split-duty rest period of at least 4 consecutive hours.
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 split-duty rest period), the maximum FDP may be increased by the duration of the split-duty rest period to a maximum of 15 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 2 hours for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 5 or 7 of this Appendix.
3.3 If a split-duty rest period includes any period between the hours of 2100 to 0329 local time, then:
(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) subclause 3.2 does not apply.
3.4 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 CAO).
4 Extensions
4.1 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 up to a maximum of 1 hour if:
(a) the FDP has commenced; and
(b) the FCM considers himself or herself fit for the extension.
4.2 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 6 or the cumulative duty time limits in clause 7.
4.3 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.
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
5 Off-duty periods
5.1 Following an FDP, an FCM must have an off-duty period of at least 10 consecutive hours.
5.2 Despite subclause 5.1, an FCM may take 2 off-duty periods of not less than 4 consecutive hours each, with an intervening duty period of not more than 2 hours, provided the total duration of the 2 off-duty periods is not less than 13 hours.
Note The sleep opportunity requirements in clause 1 continue to apply. For example, if the use of 2 off-duty periods does not allow for a single period of 8 consecutive hours prior sleep opportunity, then paragraph 1.1 (b) of this Appendix provides for the option of using 2 or more periods to achieve a prior sleep opportunity of 10 hours, provided 1 of the periods is a minimum of 6 consecutive hours.
5.3 Before beginning any FDP, an FCM must have had at least 2 full days (consecutively or otherwise) off-duty in the 14 consecutive days before the projected end time of the assigned FDP.
5.4 For subclause 5.3, a full day means the period between 2 consecutive midnights.
The cumulative flight time accrued by an FCM during any consecutive 28-day period must not exceed 50 hours.
7 Limit on cumulative duty time
7.1 The cumulative duty accrued by an FCM during any consecutive 168-hour period must not exceed 45 hours.
7.2 The cumulative duty accrued by an FCM during any consecutive 336-hour period must not exceed 84 hours.
APPENDIX 4B MEDICAL TRANSPORT OPERATIONS AND EMERGENCY SERVICE OPERATIONS
1 FDP and flight time limits
1.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 1.1 in this clause (the FDP limit), as determined by the local time at the start of the FDP and, for a multi-pilot operation, the number of sectors to be flown.
Table 1.1 Maximum FDP (in hours) for an FCM according to local time at the start of the FDP
FDP limit may be increased twice per 168-hour period
1.2 Despite subclause 1.1, the FDP limit for an FCM may be increased to not more than the following limits (an increased FDP) provided the conditions in subclause 1.3 are complied with:
(a) for a single-pilot operation — 12 hours;
(b) for any multi-pilot operation — 14 hours.
1.3 For subclause 1.2:
(a) there must be no more than 2 increased FDPs in any 168 consecutive hour period; and
(b) the off-duty period before commencing an increased FDP must be not less than 12 hours; and
(c) an increased FDP must be followed by an off-duty period of not less than 12 hours; and
(d) an increased FDP must not be further increased by a split-duty rest period under clause 2, but it may be extended under clause 3.
Note Clause 5 also requires that an FCM who conducts an increased FDP under this clause has an off-duty period of at least 36 hours, including 2 local nights, during the 168 consecutive hour period.
1.4 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.
Note Subclause 1.4 does not apply to a flight review or a proficiency check because these are not flight training as defined in paragraph 6.1 of this CAO.
1.5 If, in the 8 hours immediately before an FDP (the 8-hour period), an FCM performed duties other than conducting a flight in an aircraft (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.
1.6 An FCM must not exceed an FDP limit set out in the AOC holder’s operations manual in accordance with this CAO.
2 Increase in FDP limits by split duty
2.1 Subject to subclauses 2.2 and 2.6, if an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable sleeping accommodation, the FDP worked out under clause 1 may be increased by the duration of the split-duty rest period.
2.2 For subclause 2.1, the remaining length of the FDP resumed at the time the split‑duty rest period ends (the resumption time) must not be greater than the FDP limit that would apply under Table 1.1 to an FCM who commenced a new FDP at the resumption time.
2.3 After an FDP mentioned in subclause 2.1, the duration of the split-duty rest period may be reduced by 50% in determining the subsequent off-duty period under subclause 5.1 or cumulative duty time under clause 7.
2.4 Subject to subclause 2.6, if an FDP contains 1 or 2 split-duty rest periods, each of at least 2 consecutive hours with access to suitable resting accommodation, the maximum FDP worked out under clause 1 may be increased by half the duration of the split-duty rest period or periods up to a total of 2 hours.
2.5 The requirements of subclause 5.1 are taken to be met if an FDP contains a split‑duty rest period with access to suitable sleeping accommodation, and the split-duty rest period is:
(a) of at least 10 consecutive hours, plus the number of hours difference in local time between the location where the FDP commenced and the location where the split-duty rest period is undertaken; and
(b) undertaken over a local night.
2.6 An FDP that includes a split-duty rest period must not exceed 16 hours.
Note For any particular FCM, other provisions of this CAO may have the effect of reducing maximum FDP limits under this Appendix (see, for example, subsections 14 and 15 of this CAO).
3.1 Subject to subclause 3.3, in unforeseen operational circumstances, at the discretion of the FCM, an FDP may be extended, by up to a maximum of 2 hours for a multi‑pilot operation, or 1 hour for a single-pilot operation, beyond:
(a) the FDP limit specified in Table 1.1 (including that limit as increased under subclause 1.2); or
(b) the FDP limit specified in Table 1.1 as increased by a split-duty rest period under clause 2, provided the extended FDP does not exceed 16 hours.
3.2 Subject to subclause 3.3, if:
(a) an AOC holder has urgent operations procedures in the operations manual; and
(b) an operation is deemed to be urgent in accordance with the manual;
then at the discretion of the FCM, an FDP containing an urgent operation may be extended by up to a maximum of 4 hours beyond:
(c) the FDP limit specified in Table 1.1 (including that limit as increased under subclause 1.2), provided the extended FDP does not exceed 16 hours; or
(d) the FDP limit specified in Table 1.1 as increased by a split-duty rest period under clause 2, provided the extended FDP does not exceed 16 hours.
3.3 Before exercising the discretion under subclause 3.1 or 3.2 to extend the FDP limit of an FCM, the pilot in command of a multi-pilot operation must:
(ii) be satisfied that each FCM considers himself or herself fit for the extension;
Note Due to the nature of medical transport operations and emergency service operations, for urgent operations extensions may be permitted in operational circumstances where the operator and the flight crew are satisfied the safety of the flight will not be impacted by fatigue.
3.4 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:
(a) it is operationally necessary in order to complete the duty; and
3.5 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP’s flight time if:
3.6 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 7.
3.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
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 1.6 applies to a subsequent FDP.
5 Off-duty period limits
5.1 Immediately after an FDP, an FCM must have an off-duty period of at least the following consecutive hours, during which there must be access to suitable sleeping accommodation for at least 8 consecutive hours:
(a) if the off-duty period includes the period between 2300 and 0559 hours local time — the sum of:
(i) 8 hours; and
(ii) the amount of time that the FDP exceeds 12 hours (provided the excess is not due to an extension mentioned in subparagraph (iv)); and
(iii) the amount of displacement time of the FDP; and
(iv) 1 hour for every 30 minutes, or part of 30 minutes, that the FDP was extended beyond the FDP limit;
(b) if the off-duty period does not include the period between 2300 and 0559 hours local time — the sum of:
(ii) the amount of time that the FDP exceeds 12 hours (provided the excess is not due to an extension mentioned in subparagraph (iv)); and
(iii) the amount of displacement time of the FDP; and
(iv) 1 hour for every 30 minutes, or part of 30 minutes, that the FDP was extended beyond the FDP limit.
5.2 If an off-duty period calculated under subclause 5.1 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 24 hours.
5.3 If, in any consecutive 168-hour period (the period), an FCM conducts either:
(a) 3 or more FDPs, each of which involves a late-night operation; or
(b) an increased FDP in accordance with subclause 1.2;
then the FCM must have an off-duty period of at least 36 consecutive hours, including 2 local nights during the period.
5.4 Before beginning an FDP or standby, an FCM must have had at least 1 of the following:
(a) in any consecutive 336-hour period before the projected end of the assigned FDP or standby — 1 off-duty period of at least 36 consecutive hours, including 2 local nights;
(b) in any consecutive 504-hour period before the projected end of the assigned FDP or assigned standby — 1 off-duty period of at least 72 consecutive hours, including 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.
6.1 The cumulative flight time accrued by an FCM during any consecutive 28-day period must not exceed 100 hours.
6.2 The cumulative flight time accrued by an FCM during any consecutive 365-day period must not exceed 1 000 hours.
7 Limit on cumulative duty time
7.1 The cumulative duty time accrued by an FCM during any consecutive 168-hour period (the period) must not exceed:
(a) if an FCM has not had at least 1 off-duty period of at least 36 hours, including 2 local nights during the period — 40 hours; and
(b) if an FCM has had at least 1 off-duty period of at least 36 hours, including 2 local nights during the period — 60 hours.
Note 168 hours is the number of hours in a 7-day period and 336 hours is the number of hours in a 14-day period.
7.2 The cumulative duty accrued by an FCM during any consecutive 336-hour period must not exceed 100 hours.
8 Limit on late-night operations
8.1 In any period of 168 consecutive hours, an FCM must not be assigned, or conduct, more than 4 FDPs involving late-night operations.
8.2 If in any period of 168 consecutive hours (the period) an FCM conducts 3 or more FDPs involving late-night operations, the FCM is limited to 40 hours cumulative duty time during the period.
Note See also subclause 5.3 which requires that an FCM must have an off-duty period of at least 36 consecutive hours, including 2 local nights if 3 or more late-night operations are conducted during any 168 consecutive hour period.
9 Maximum durations must not be exceeded
APPENDIX 5 AERIAL WORK OPERATIONS AND FLIGHT TRAINING ASSOCIATED WITH AERIAL WORK
1 FDP limits
1.1 An FCM must not be assigned an FDP longer than the number of hours specified in Table 1.1 in this clause, as determined by:
(a) the local time at the start of the FDP; and
(b) whether the operation is a single-pilot operation or a multi-pilot operation; and
(c) for a multi-pilot operation — whether the number of sectors is 1 or 2, or 3 or more.
Note Aerial work operations captured by this Appendix are widely varied. Therefore, operators are reminded to limit FDP in accordance with their operator obligations, and include FDP limits in their operations manual.
1.2 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.
Table 1.1 Maximum FDP (in hours) for an FCM according to local time at the start of the FDP
FDP limit may be increased twice per 168-hour period
1.3 Despite subclause 1.1, the FDP limit for an FCM may be increased to not more than the following limits (an increased FDP) provided the conditions in subclause 1.4 are complied with:
(a) for a single-pilot operation — 12 hours;
(b) for any multi-pilot operation — 14 hours.
1.4 For subclause 1.3:
(a) there must be no more than 2 increased FDPs in any 168 consecutive hour period; and
(b) the off-duty period before commencing an increased FDP must be not less than 12 hours; and
(c) an increased FDP must be followed by an off-duty period of not less than 12 hours; and
(d) an increased FDP must not be further increased by a split-duty rest period under clause 2, but it may be extended under clause 3.
Note Clause 5 also requires that an FCM who conducts an increased FDP under this clause has an off-duty period of at least 36 hours, including 2 local nights, during the 168 consecutive hour period.
1.5 If, in the 8 hours immediately before an FDP (the 8-hour period), an FCM performed duties other than conducting a flight in an aircraft (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.
1.6 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.
1.7 An FCM must not exceed an FDP limit set out in the AOC holder’s operations manual in accordance with this CAO.
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 Where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the maximum FDP worked out under subclause 1.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 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 CAO).
3.1 Subject to subclause 3.2, at the discretion of the FCM, an FDP may be extended by up to a maximum of 2 hours beyond:
(a) the FDP limit specified in Table 1.1, including that limit as increased under subclause 1.3; or
(b) the FDP limit specified in Table 1.1 only, as increased by a split-duty rest period under clause 2.
Note Due to the nature of aerial work operations, extensions are permitted in operational circumstances where the FCM is satisfied that the safety of the flight will not be impacted by fatigue.
3.2 Before deciding to extend an FDP under subclause 3.1, the pilot in command of a multi-pilot operation must:
3.3 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP’s flight time if:
3.4 Subject to subclause 3.5, any extension over the FDP limit requires the off-duty period required by subclause 5.1 to be increased by 1 hour for every 30 minutes, or part of 30 minutes, that the FDP is extended beyond the FDP limit.
3.5 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.
3.6 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 6.
3.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
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 1.5 applies to a subsequent FDP.
5 Off-duty period limits
5.1 Immediately after an FDP, an FCM must have an off-duty period of at least the following number of consecutive hours, during which there must be access to suitable sleeping accommodation for at least 8 consecutive hours:
(a) if the off-duty period includes the period between 2300 and 0559 hours local time — 8;
(b) if the off-duty period does not include the period between 2300 and 0559 hours local time — 10.
Note Under subclause 3.2 of this Appendix the off-duty period is increased by 1 hour for every 30 minutes, or part of 30 minutes, that the FDP is extended beyond the FDP limit.
5.2 Before beginning an FDP or standby, an FCM must have had at least 1 of the following:
(a) in any consecutive 336-hour period before the projected end of the assigned FDP or standby — 1 off-duty period of at least 36 consecutive hours, including 2 local nights;
(b) in any consecutive 504-hour period before the projected end of the assigned FDP or assigned standby — 1 off-duty period of at least 72 consecutive hours, including 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.
5.3 If, in any consecutive 168-hour period (the period), an FCM conducts 1 or 2 increased FDPs in accordance with subclause 1.3, the FCM must have an off-duty period of at least 36 consecutive hours, including 2 local nights during the period.
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 immediately after the FCM is provided with at least 5 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 CAO.
7 Maximum durations must not be exceeded
APPENDIX 5A DAYLIGHT AERIAL WORK OPERATIONS AND FLIGHT TRAINING ASSOCIATED WITH AERIAL WORK
An FCM must not be assigned or commence an FDP at a location unless he or she:
(a) has had at least 8 consecutive hours’ sleep opportunity within the 10 hours immediately before commencing the FDP; and
(b) on each of the 3 local nights immediately before commencing the FDP, has not carried out any duties during the 8 hours prior to 30 minutes before morning civil twilight at the location.
Note The intent of paragraph (b) is to prohibit an FCM from undertaking an FDP under Appendix 5A if they have undertaken any duties on the 3 nights immediately before the FDP.
2.1 An FCM must not be assigned or commence an FDP that:
(a) begins more than 30 minutes before the beginning of morning civil twilight at the location at which the FDP commences; or
(b) ends later than the end of evening civil twilight at the location at which the FDP commences.
Note This subclause does not affect other legislative requirements that limit Day VFR operations.
2.2 An FCM may only be assigned an FDP with a total duration no longer than 14 hours in any 1 day (the FDP limit).
2.3 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.
Note Subclause 2.3 does not apply to a flight review or a proficiency check because these are not flight training as defined in paragraph 6.1 of this CAO.
3.1 Subject to subclause 3.2, at the discretion of the FCM, an FDP may be extended up to a maximum of 1 hour beyond the FDP limit in subclause 2.2, provided the FCM considers himself or herself fit for the extension.
3.2 An FDP must not be extended beyond the end of evening civil twilight, unless this is necessary to complete the duties associated with the last daylight flight.
3.3 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP’s flight time if:
4 Off-duty period limits
4.1 Following an FDP, an FCM must have an off-duty period of at least 10 consecutive hours.
4.2 An FCM must, in any consecutive 384-hour period, have a period of at least 2 consecutive days off-duty.
Note 384 hours is the number of hours in a 16-day period.
5 Limit on cumulative flight time
5.1 The cumulative flight time accrued by an FCM during any consecutive 384-hour period must not exceed 100 hours.
5.2 If the operation is a mustering operation, the cumulative flight time accrued by the FCM during any consecutive 30-day period must not exceed 120 hours if the combined total of his or her flying time in mustering operations as pilot in command and pilot in command under supervision is less than 500 hours.
5.3 The cumulative flight time limits in subclauses 5.1 and 5.2 may be reset to zero immediately after the FCM is provided with at least 5 consecutive days off-duty.
5.4 The cumulative flight time accrued by an FCM during any consecutive 365-day period must not exceed 1 200 hours.
5.5 The cumulative flight time limit in subclause 5.4 may be reset to zero immediately after the FCM is provided with at least 28 consecutive days off‑duty.
Note 1 384 hours is the number of hours in a 16-day period.
Note 2 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 CAO.
6 Maximum durations must not be exceeded
APPENDIX 6 FLIGHT TRAINING
Note Appendix 6 does not apply to flight training 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 CAO 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 For any FDP, an FCM must not be assigned flight time longer than 7 hours.
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.
Table 2.1 Maximum FDP (in hours) according to local time at start of FDP
Local time at startof FDP
Maximum FDP
0500 – 0559
9
0600 – 0659
10
0700 – 0759
10
0800 – 1059
11
1100 – 1359
10
1400 – 2259
9
2300 – 0459
8
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 2 hours for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 7 or 9 of this Appendix.
3.3 Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 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); and
(c) the reduction in the subsequent off-duty period and cumulative duty time, provided for in 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 CAO).
4 Reassignment and extension
4.1 After an FCM’s assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP (a reassignment), provided that each of the following applies:
(a) subject to subclauses 4.3 and 4.5 — the modified FDP and flight time does not exceed the applicable limits in the holder’s operations manual;
Note Fitness in this context is based on the FCM’s self-assessment. An FCM has an obligation under paragraph 16.1 of this CAO not to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to become, unfit for the task. If such circumstances apply, the FCM must decline the reassignment.
4.2 If subclause 4.1 applies, the FCM may continue in the modified FDP in accordance with subclause 4.1.
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 Before exercising the discretion under subclause 4.3 to extend an FDP limit in the operations manual, the pilot in command must be satisfied that he or she, and any other FCM, are fit for the extension.
4.5 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:
4.6 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.
4.7 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;
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 a discretion to not permit an extension to occur even if otherwise permissible under this clause.
5 Standby limits and standby-like arrangements
5.1 An AOC holder must not require an FCM to be on continuous standby for a period longer than 14 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 4 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.
5.4 To remove any doubt, the period of time in which an FCM is held in a standby-like arrangement must be treated as a duty period for the purposes of this CAO.
Note For example, the period spent in a standby-like arrangement must be included as part of a following FDP assigned to the FCM or added to the preceding FDP when determining minimum off-duty periods under clause 7.
6 Positioning
On completion of assigned flight duties in an FDP (the relevant FDP), an FCM may position to a suitable location as required by the AOC holder.
Note As with any duty, the time spent in positioning after completion of the FDP must be added to the relevant FDP when determining minimum off-duty periods under clause 7.
7 Off-duty periods
7.1 After an FCM’s FDP and any duty time after completion of the FDP but before commencement of the following off-duty period (other duty time), 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 and the other duty time 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 at least 6 days off-duty in the 28 consecutive days before the standby or FDP commences.
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 Limits on infringing the WOCL and early starts
10.1 Subject to subclause 10.3, an FCM must not be assigned more than 3 consecutive early starts.
10.2 Subject to subclause 10.3, an FCM, whose duties have already infringed 3 consecutive WOCLs, must not be assigned an FDP that would again infringe the WOCL without at least an intervening off-duty period that includes a local night.
10.3 Despite subclauses 10.1 and 10.2, the FCM may have a 4th, or a 4th and a 5th, consecutive early start (whether or not the start infringes the WOCL) if:
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 9.
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 Significant changes require CASA approval. See clause 7.
Note 2 Guidance for the development and implementation of an FRMS is available on the ICAO and CASA websites.
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 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 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 and appropriate.
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 In addition to the requirements under subclause 2.4, and the relevant limits and procedures contained in the operations manual in accordance with this CAO, 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) scheduled and actual flight times, and duty periods and off-duty periods with significant deviations and reasons for deviations noted;
(e) the FRMS outputs, including findings from collected data, and recommendations and actions taken.
2.6 An AOC holder’s exposition or operations manual (as the case requires) must contain the details of the FRMS.
Note 1 See also paragraph 6.4 in subsection 6 in relation to references to expositions and operations manuals.
Note 2 The FRMS may be subject to CASA directions under regulation 11.245 of CASR in the interests of aviation safety — see subclause 7.4 of this Appendix.
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 an ongoing 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
(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 CAO.
3.3 For subclause 3.2, the values for each FCM must be based on scientific principles and knowledge and subject to safety assurance processes.
3.4 Subject to subclause 3.5, where an AOC holder acquires data from an FRMS which indicates that the maximum and minimum values required under paragraphs 3.2 (a) and (b) are too high or too low, respectively, the AOC holder must amend the FRMS to ensure that these values are acceptable.
3.5 For subclause 3.4, an amendment may only be made in accordance with clause 7.
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 The proactive process must be capable of identifying fatigue-related hazards within current flight operations.
4.4 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.
FRMS risk assessment procedures
4.5 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.
4.6 For subclause 4.5, 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.
FRMS risk mitigation procedures
4.7 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 provide for:
(a) continuous monitoring of the performance of the FRMS;
(b) the analysis of fatigue-related trends;
(c) measurements to validate the effectiveness of mitigation strategies.
5.2 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.
5.3 The FRMS safety assurance procedures must include a formal process to assess:
(a) what impact a change mentioned in paragraph 5.2 (a) or (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.
5.4 FRMS safety assurance procedures must provide for the continuous improvement of the FRMS, by 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) routine evaluations of facilities, equipment, documentation and procedures to determine their implications for fatigue-related risk management and control;
(c) identification of emerging fatigue-related risks to allow the introduction of new procedures and procedures to 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) 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 For this clause, a significant change means:
(a) any increase to the values required under paragraph 3.2 (a); and
(b) any decrease to the values required under paragraph 3.2 (b); and
(c) any other change to any element of the FRMS that does not maintain or improve, or is not likely to maintain or improve, aviation safety.
7.2 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.
7.3 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.
7.4 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.
7.5 The AOC holder must not make a significant change to any element of the FRMS unless an application to make the change is approved in writing by CASA.
7.6 An application for approval of a significant change must:
(a) be in writing; and
(b) set out the change; and
(c) be accompanied by a copy of the part of the AOC holder’s FRMS documentation affected by the change, clearly identifying the change.
7.7 A change to the FRMS that is not a significant change must be:
(a) made in accordance with the FRMS change management procedures; and
(b) notified in writing to CASA within the following period after the change is made:
(i) 7 days;
(ii) either:
(A) if an AOC holder’s approved SMS amendment process under Part 82 of the CAOs has a different CASA notification period for SMS amendments — the period specified in the process; or
(B) if an AOC holder’s exposition change process under the Regulations has a different CASA notification period for non-significant changes — the period specified in the process.
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 consecutive 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.
9.3 For paragraph 9.1 (a), a trial FRMS implementation approval is deemed to include such an approval issued under Civil Aviation Order 48.1 Instrument 2013 as in force immediately before the commencement of this CAO.
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 CAO 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.
Notes to Civil Aviation Order 48.1
Note 1
Note: The Civil Aviation Order (in force under the Civil Aviation Act 1988, Civil Aviation Regulations 1988 and Civil Aviation Safety Regulations 1998) as shown in this compilation comprises Civil Aviation Order 48.1 Instrument 2019 amended as indicated in the Tables below.