Establishment of limits on flight times, flying duty periods and rest periods

(1) Without prejudice to the provisions of Article 44 of this Order, and for the purposes of securing that the requirements of those provisions are complied with, every operator of an aircraft to which this Article applies shall establish for every person flying in that aircraft as a member of the flight crew thereof– (a) limits on the aggregate of all his flight times during every period of 30 consecutive days; (b) limits on his flying duty periods; and (c) minimum rest periods which he is to have immediately before any duty period in the course of which he makes any such flight as aforesaid, being limits and minimum rest periods which the operator is satisfied after taking into account the matter mentioned in Civil Aviation 371 paragraph (2) of this Article, are such that, if every member of the flight crew observes those limits and has those minimum rest periods, the safety of the aircraft on any flight is not likely to be endangered by reason of any fatigue which may be caused by the work or other duties which the members of the flight crew are required or permitted by the operator to carry out. Different limits and different minimum rest periods may be established either for different persons or for different classes of persons and for different circumstances. (2) The matters which an operator shall take into account in establishing under paragraph (1) of this Article limits and minimum rest periods as therein mentioned for the persons therein mentioned are the nature of the work and other duties which those persons will carry out and all circumstances arising out of the carrying out of that work and those duties which may affect the degree of fatigue from which those persons may suffer while they are making a flight in an aircraft to which this Article applies in any such capacity as is mentioned in the said paragraph (1). (3) No limits or minimum rest periods may be established under paragraph (1) of this Article which would require or permit any person to fly in any aircraft at a time when such flying would constitute a contravention of any of the provisions of Articles 46, 47 and 49 of this Order. (4) An operator of an aircraft to which this Article applies shall not permit that aircraft to make a flight unless limits and minimum rest periods have been established in accordance with the foregoing provisions of this Article so as to apply to every member of the flight crew thereof. (5) Every operator of an aircraft to which this Article applies shall take all such steps as are reasonably practicable to secure that all limits for the time being established by that operator in accordance with the foregoing provisions of this Article ore observed and that no person for whom minimum rest periods are for the time being so established makes any flight in an 372 Civil Aviation aircraft to which this Article applies unless, immediately before the duty period in the course of which he makes the flight, he has had the appropriate rest period so established. (6) Notwithstanding anything contained in the foregoing provisions of this Article, an operator of an aircraft to which this Article applies may confer upon the commander of that aircraft a discretion to make, or authorise any person to make a flight in that aircraft in such circumstances that the commander or, as the case may be, that other person will not observe the limits or will not have had the minimum rest period established by that operator under the foregoing provisions of this Article and applicable to the commander or that other person, provided that the said discretion shall not be exercisable unless the following conditions are fulfilled, that is to say- (a) that it appears to the commander– (i) that arrangements has been made for the flight to be made with such a crew and so as to begin and end at such times that if the flight had been made in accordance with those arrangements each member of the crew would have observed the limits and have had the minimum rest periods established by the operator and applicable to them as aforesaid, and that since those arrangements were made the flight has been or will be prevented from being made in accordance with those arrangements by reason of exceptional circumstances or by reason of circumstances which were not foreseen as likely to prevent that flight from being so made; or Civil Aviation 373 (ii) that the flight is one which ought to be carried out in the interests of the safety or health of any person; and (b) that the commander is satisfied that the safety of the aircraft on that flight will not be endangered if he or that person makes that (7) Every operator of an aircraft to which this Article applies shall include in every operations manual to be provided under Article 21 of this Order for the use and guidance of the members of the flight crew of that aircraft, or in any case where no such manual is required to be provided by that Article, in a document which shall be provided for the use and guidance of those members, full particulars of all limits and minimum rest periods for the time being established under the foregoing provisions of this Article which may affect any of those members, and of any discretions conferred upon the commander of that aircraft under paragraph (6) of this Article and (without prejudice to the provisions of Article 21 of this Order) every such operator shall, whenever requested to do so by a person authorised in that behalf by the Governor, furnish that person with a copy of all particulars from time to time included in any such operations manual or document in accordance with the requirements of this paragraph. (8) In this Article the expression “flying duty period”, in relation to any person, means the time, reckoned from the beginning of each duty period of that person, in the course of which he is permitted to make any flight to which this Article applies and after expiration of which he is not in the course of the same duty period, to make any such flight.