Commission Regulation (EU) No 965/2012Dangos y teitl llawn

[F1 SECTION 1 U.K. General

ORO.FTL.100 Scope U.K.

This Subpart establishes the requirements to be met by an operator and its crew members with regard to flight and duty time limitations and rest requirements for crew members.

ORO.FTL.105 Definitions U.K.

For the purpose of this Subpart, the following definitions shall apply:

(1)

‘ acclimatised ’ means a state in which a crew member’s circadian biological clock is synchronised to the time zone where the crew member is. A crew member is considered to be acclimatised to a 2-hour wide time zone surrounding the local time at the point of departure. When the local time at the place where a duty commences differs by more than 2 hours from the local time at the place where the next duty starts, the crew member, for the calculation of the maximum daily flight duty period, is considered to be acclimatised in accordance with the values in the Table 1.

Table 1
Time difference (h) between reference time and local time where the crew member starts the next duty	Time elapsed since reporting at reference time
	< 48	48–71:59	72–95:59	96–119:59	≥ 120
< 4	B	D	D	D	D
≤ 6	B	X	D	D	D
≤ 9	B	X	X	D	D
≤ 12	B	X	X	X	D

‘B’

means acclimatised to the local time of the departure time zone,

‘D’

means acclimatised to the local time where the crew member starts his/her next duty, and

‘X’

means that a crew member is in an unknown state of acclimatisation;

(2)

‘ reference time ’ means the local time at the reporting point situated in a 2-hour wide time zone band around the local time where a crew member is acclimatised;

(3)

‘ accommodation ’ means, for the purpose of standby and split duty, a quiet and comfortable place not open to the public with the ability to control light and temperature, equipped with adequate furniture that provides a crew member with the possibility to sleep, with enough capacity to accommodate all crew members present at the same time and with access to food and drink;

(4)

‘ suitable accommodation ’ means, for the purpose of standby, split duty and rest, a separate room for each crew member located in a quiet environment and equipped with a bed, which is sufficiently ventilated, has a device for regulating temperature and light intensity, and access to food and drink;

(5)

‘ augmented flight crew ’ means a flight crew which comprises more than the minimum number required to operate the aircraft, allowing each flight crew member to leave the assigned post, for the purpose of in-flight rest, and to be replaced by another appropriately qualified flight crew member;

(6)

‘ break ’ means a period of time within a flight duty period, shorter than a rest period, counting as duty and during which a crew member is free of all tasks;

(7)

‘ delayed reporting ’ means the postponement of a scheduled FDP by the operator before a crew member has left the place of rest;

(8)

‘ disruptive schedule ’ means a crew member’s roster which disrupts the sleep opportunity during the optimal sleep time window by comprising an FDP or a combination of FDPs which encroach, start or finish during any portion of the day or of the night where a crew member is acclimatised. A schedule may be disruptive due to early starts, late finishes or night duties.

(a)

‘ early type ’ of disruptive schedule means:

(i)

for ‘ early start ’ a duty period starting in the period between 05:00 and 05:59 in the time zone to which a crew member is acclimatised; and

(ii)

for ‘ late finish ’ a duty period finishing in the period between 23:00 and 01:59 in the time zone to which a crew member is acclimatised;

(b)

‘ late type ’ of disruptive schedule means:

(i)

for ‘ early start ’ a duty period starting in the period between 05:00 and 06:59 in the time zone to which a crew member is acclimatised; and

(ii)

for ‘ late finish ’ a duty period finishing in the period between 00:00 and 01:59 in the time zone to which a crew member is acclimatised;

(9)

‘ night duty ’ means a duty period encroaching any portion of the period between 02:00 and 04:59 in the time zone to which the crew is acclimatised;

(10)

‘ duty ’ means any task that a crew member performs for the operator, including flight duty, administrative work, giving or receiving training and checking, positioning, and some elements of standby;

(11)

‘ duty period ’ means a period which starts when a crew member is required by an operator to report for or to commence a duty and ends when that person is free of all duties, including post-flight duty;

(12)

‘ flight duty period ( “ FDP ” ) ’ means a period that commences when a crew member is required to report for duty, which includes a sector or a series of sectors, and finishes when the aircraft finally comes to rest and the engines are shut down, at the end of the last sector on which the crew member acts as an operating crew member;

(13)

[F2 ‘ flight time ’ means, for aeroplanes, the time between an aircraft first moving from its parking place for the purpose of taking off until it comes to rest on the designated parking position and all engines or propellers are shut down;]

(14)

‘ home base ’ means the location, assigned by the operator to the crew member, from where the crew member normally starts and ends a duty period or a series of duty periods and where, under normal circumstances, the operator is not responsible for the accommodation of the crew member concerned;

(15)

‘ local day ’ means a 24-hour period commencing at 00:00 local time;

(16)

‘ local night ’ means a period of 8 hours falling between 22:00 and 08:00 local time;

(17)

‘ operating crew member ’ means a crew member carrying out duties in an aircraft during a sector;

(18)

‘ positioning ’ means the transferring of a non-operating crew member from one place to another, at the behest of the operator, excluding:

• the time of travel from a private place of rest to the designated reporting place at home base and vice versa, and

• the time for local transfer from a place of rest to the commencement of duty and vice versa;

(19)

‘ rest facility ’ means a bunk or seat with leg and foot support suitable for crew members’ sleeping on board an aircraft;

(20)

‘ reserve ’ means a period of time during which a crew member is required by the operator to be available to receive an assignment for an FDP, positioning or other duty notified at least 10 hours in advance;

(21)

‘ rest period ’ means a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which a crew member is free of all duties, standby and reserve;

(22)

‘ rotation ’ is a duty or a series of duties, including at least one flight duty, and rest periods out of home base, starting at home base and ending when returning to home base for a rest period where the operator is no longer responsible for the accommodation of the crew member;

(23)

‘single day free of duty’ means, for the purpose of complying with the provisions of Council Directive 2000/79/EC (1) , a time free of all duties and standby consisting of one day and two local nights, which is notified in advance. A rest period may be included as part of the single day free of duty;

(24)

‘ sector ’ means the segment of an FDP between an aircraft first moving for the purpose of taking off until it comes to rest after landing on the designated parking position;

(25)

‘ standby ’ means a pre-notified and defined period of time during which a crew member is required by the operator to be available to receive an assignment for a flight, positioning or other duty without an intervening rest period;

(26)

‘ airport standby ’ means a standby performed at the airport;

(27)

‘ other standby ’ means a standby either at home or in a suitable accommodation;

(28)

‘ window of circadian low ( “ WOCL ” ) ’ means the period between 02:00 and 05:59 hours in the time zone to which a crew member is acclimatised.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2018/1975 of 14 December 2018 amending Regulation (EU) No 965/2012 as regards air operations requirements for sailplanes and electronic flight bags.

ORO.FTL.110 Operator responsibilities U.K.

An operator shall:

(a)

publish duty rosters sufficiently in advance to provide the opportunity for crew members to plan adequate rest;

(b)

ensure that flight duty periods are planned in a way that enables crew members to remain sufficiently free from fatigue so that they can operate to a satisfactory level of safety under all circumstances;

(c)

specify reporting times that allow sufficient time for ground duties;

(d)

take into account the relationship between the frequency and pattern of flight duty periods and rest periods and give consideration to the cumulative effects of undertaking long duty hours combined with minimum rest periods;

(e)

allocate duty patterns which avoid practices that cause a serious disruption of an established sleep/work pattern, such as alternating day/night duties;

(f)

comply with the provisions concerning disruptive schedules in accordance with ARO.OPS.230;

(g)

provide rest periods of sufficient time to enable crew members to overcome the effects of the previous duties and to be rested by the start of the following flight duty period;

(h)

plan recurrent extended recovery rest periods and notify crew members sufficiently in advance;

(i)

plan flight duties in order to be completed within the allowable flight duty period taking into account the time necessary for pre-flight duties, the sector and turnaround times;

(j)

change a schedule and/or crew arrangements if the actual operation exceeds the maximum flight duty period on more than 33 % of the flight duties in that schedule during a scheduled seasonal period.

ORO.FTL.115 Crew member responsibilities U.K.

Crew members shall:

(a)

comply with point CAT.GEN.MPA.100(b) of Annex IV (Part-CAT); and

(b)

make optimum use of the opportunities and facilities for rest provided and plan and use their rest periods properly.

ORO.FTL.120 Fatigue risk management (FRM) U.K.

(a) When FRM is required by this Subpart or an applicable certification specification, the operator shall establish, implement and maintain a FRM as an integral part of its management system. The FRM shall ensure compliance with the essential requirements in points 7.f, 7.g and 8.f of Annex IV to Regulation (EC) No 216/2008. The FRM shall be described in the operations manual. U.K.

(b) The FRM established, implemented and maintained shall provide for continuous improvement to the overall performance of the FRM and shall include: U.K.

(1)

a description of the philosophy and principles of the operator with regard to FRM, referred to as the FRM policy;

(2)

documentation of the FRM processes, including a process for making personnel aware of their responsibilities and the procedure for amending this documentation;

(3)

scientific principles and knowledge;

(4)

a hazard identification and risk assessment process that allows managing the operational risk(s) of the operator arising from crew member fatigue on a continuous basis;

(5)

a risk mitigation process that provides for remedial actions to be implemented promptly, which are necessary to effectively mitigate the operator’s risk(s) arising from crew member fatigue and for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions;

(6)

FRM safety assurance processes;

(7)

FRM promotion processes.

(c) The FRM shall correspond to the flight time specification scheme, the size of the operator and the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities and the applicable flight time specification scheme. U.K.

(d) The operator shall take mitigating actions when the FRM safety assurance process shows that the required safety performance is not maintained. U.K.

ORO.FTL.125 Flight time specification schemes U.K.

(a) Operators shall establish, implement and maintain flight time specification schemes that are appropriate for the type(s) of operation performed and that comply with Regulation (EC) No 216/2008, this Subpart and other applicable legislation, including Directive 2000/79/EC. U.K.

(b) Before being implemented, flight time specification schemes, including any related FRM where required, shall be approved by the [F3 CAA]. U.K.

Textual Amendments

F3 Word in Annex 3 point ORO.FTL.125(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) To demonstrate compliance with Regulation (EC) No 216/2008 and this Subpart, the operator shall apply the applicable certification specifications adopted by the [F4 CAA]. Alternatively, if the operator wants to deviate from those certification specifications in accordance with Article 22(2) of Regulation (EC) No 216/2008, it shall provide the [F5 CAA] with a full description of the intended deviation prior to implementing it. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the requirements of Regulation (EC) No 216/2008 and of this Subpart are met. U.K.

Textual Amendments

F4 Word in Annex 3 point ORO.FTL.125(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Annex 3 point ORO.FTL.125(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(d) For the purpose of point ARO.OPS.235(d), within 2 years of the implementation of a deviation or derogation, the operator shall collect data concerning the granted deviation or derogation and analyse that data using scientific principles with a view to assessing the effects of the deviation or derogation on aircrew fatigue. Such analysis shall be provided in the form of a report to the [F6 CAA]. ] U.K.

Textual Amendments

F6 Word in Annex 3 point ORO.FTL.125(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 364(2)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

(1)

[F1 OJ L 302, 1.12.2000, p. 57 .]

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.