GUIDANCE MATERIAL CONCERNING FLIGHT TIME AND FLIGHT DUTY TIME LIMITATIONS AND REST PERIODS

PREAMBLE:

Guidance material is provided for any regulation or standard when:

(a)The subject area is complex and in need of more detailed explanation so that there is a consistent understanding by all constituents, or

(b)Words are used that could have multiple definitions or could be construed differently when used in a different context.

For ease of reference guidance material is numbered to correspond to the appropriate regulation or standard. Numbers preceded by the letter "R" refer to a regulation. Numbers preceded by the letter "S" refer to the appropriate standard and numbers preceded by both "R" and "S" amplify material contained in both the regulation and the standard. For example, guidance material numbered R740.05 would refer to guidance required by the regulation 700.05. Similarly, a number of S740.05 would refer to guidance required for standard 720.05 and RS740.05 would refer to guidance required by both the regulation and the standard.

Where an air operator proposes a different means of conforming with a regulation or standard it will be assessed for acceptability against the following criteria:

(a)Does it provide an equivalent level of safety?

(b)Is it less or more restrictive than the "normal" means of compliance?

(c)Does it address the same intent and issues as the "normal" means of compliance?

(d)Does it utilize the most advanced or proven information available?

While extensive, the above list may not be appropriate in some circumstances. Additional criteria will be considered as necessary.

GUIDANCE MATERIAL

R 740.14Monitoring System

(1)In addition to the company monitoring system, CAR 401.08 requires all persons who hold a licence to maintain a personal log of their flight time.

(2) Flight crew members are required to inform the air operator if any flight time or flight duty time assignment will cause him or her to exceed a flight time or flight duty time limitation. This applies to assignments from the air operator and to any flight time or flight duty time completed for another air operator, private operator or any private or military flying.

R 740.15Flight Time Limitations

The flight crew member’s total flight time includes all flying whether private, military or commercial, including ferry, training and test flights or any other flying.

For tracking flight time and for planning and scheduling purposes, a day is considered to be any period of 24 consecutive hours. An air operator may use midnight to midnight local time or UTC or any other starting time as a benchmark, as long as the method is used consistently.

Where operations are conducted under more than one CAR Subpart, pilots that fly both types of aircraft are limited to flying only the aircraft that has the less restrictive flight time limits once the more restrictive limit has been reached. Take as an example, a pilot flying both the SA226 (Subpart 4) and the PA31 (Subpart 3). Once 40 hours within 7 consecutive days (Subpart 4 limit) has been reached in either the SA226 or the PA31 or a combination of both, the remaining flight time (up to the maximum of 60 hours in 7 consecutive days, the Subpart 3 limit) must be completed in the PA31.

Where the flight crew member conducts single-pilot IFR flights, the flight crew member's total flight time, in all flights conducted by the flight crew member, will not exceed 8 hours in any 24 consecutive hours. In determining if this limitation applies to a given situation, this question must be asked – did the flight crew member conduct single-pilot IFR flights? Yes or no. If the answer is yes, the flight crewmember is limited to 8 hours of flight time in any 24 consecutive hours. The length of time spent conducting single-pilot IFR flights is irrelevant. If the pilot flew a departure under IFR and then cancelled IFR and flew the rest of the day under VFR – the answer is still yes and the 8-hour flight time limit applies.

S 740.15Flight Time Limitations

(1)&(2)The flight time limitations contained in CASS 720.15 are not applicable to flight crew members on call.

(1)&(2) If a flight crew member operates a DHC6 or helicopter in both scheduled passenger service and non-scheduled operations, or operates a helicopter conducting heli-logging in addition to other work, the flight crew member must fly only the type of operation that has the less restrictive flight time limit once the more restrictive limit has been reached. Take as an example, a pilot flying a DHC6 on both scheduled and non-scheduled operations. The first 120 hours of the 150 hour limit for 30 consecutive days can be flown in either scheduled or non-scheduled operations, as per CAR 700.15(1)(c). All flight time after 120 hours has been completed up to 150 hours in the 30 consecutive days must be completed only in non-scheduled operations as per CASS 720.15(1)(c).

(1) The 5 consecutive days free from all duty means the flight crew member will be free from all company-related duty. For example, travel time from a work site or base camp to the company base is not to be included in the 5 consecutive days, whereas travel from that company base to the location where the flight crew member spends their free time can be included in the 5 consecutive days.

When an air operator is involved in Forest Fire fighting under the conditions of an exemption from the requirements of 700.15 and 700.19, the air operator is expected to develop a Normal Operation Resumption Plan where by early rest will be assigned to a sufficient number of pilot towards the end of the emergency period, so as to ensure proper fire coverage within the first few days following the emergency period, to allow the other pilots to get their rest and become compliant with the CASS. The Normal Operation Resumption Plan shall be in accordance with the conditions of paragraph 720.15 (1)(g) of the CASS.

R 740.16 Flight Duty Time Limitations and Rest Periods

(3)The rest period does not start until the flight crew member is released from all duty required by the air operator.

(3)&(4)Rest periods are a shared responsibility between the air operator and the flight crew member. Providing adequate rest periods is the responsibility of the air operator. Using those rest periods to obtain the required rest is the responsibility of the flight crew member.

(4)Flight crew members are required to be adequately rested prior to reporting for flight duty. When a flight crew member commutes long distances, he or she should arrive with sufficient time to obtain adequate rest prior to reporting for flight duty. Flight crew members must consider the detrimental effects the additional time spent commuting may have on their ability to maintain alertness during the flight.

(3)&(4)The minimum rest period requires that flight crew members are provided with an opportunity to obtain rest in suitable accommodation. The definition of "suitable accommodation" is contained in CAR 101.01 Interpretation and refers to a single-occupancy bedroom with various conditions or, where such a bedroom is not available, an accommodation that is suitable for the site and season with various conditions. This second alternative refers to an accommodation that is typical for remote operations where the flight crew’s rest facility could be a tent or bunkhouse.

(5)The advance notice required in CAR 700.16(5)(a) means that the operator must notify the flight crew member of the extension of flight duty time at the start of the flight duty period. This will allow the flight crew member to modify their diet (eg. caffeine intake) during the flight(s) before the rest period and to use the rest period to obtain suitable rest based on the length of the flight duty extension.

S 740.16Flight Duty Time Limitations and Rest Periods

(2)For the flight duty time extension to 15 consecutive hours, the augmenting (additional) flight crew member must be fully qualified to enable all flight crew members the opportunity to obtain a rest period during the flights. Fully qualified means a fully qualified captain or first officer on that aircraft type. There is no requirement to be trained or checked out in the other seat in order to provide relief as an augmenting pilot during the cruise portion of flight. CASS 725.124(18) does require a captain to complete right seat conversion training in order to operate the aircraft from the right seat at times other than during cruise. For take off and landing, the Captain and First Officer shall be qualified to operate the aircraft from the seats that they are occupying.

In the situation where an aircraft has a second officer or flight engineer, fully qualified means a fully qualified captain or first officer on that aircraft type who has been trained in the duties of the second officer or flight engineer as they pertain to cruise flight.

Since the flight duty time extension to 15 hours does not include a sector limitation, the augmenting pilot must be qualified to operate during all phases of flight.

During cruise if the augmenting flight crew member is a Captain (2nd Captain);

  • Captain resting - The 2nd Captain would occupy the left seat and First Officer the right seat. The 2nd Captain could be the PF or the First Officer could be the PF (Captain's / 2nd Captain's choice).
  • First Officer resting - The Captain would decide which seats he/she and the 2nd Captain would occupy. The PF shall be qualified to fly the aircraft from the seat that he/she is occupying. If the Captain or 2nd Captain are right seat qualified, he/she may act as PF from the right seat (during any phase of flight).

During cruise if the augmenting flight crew member is a First Officer (2nd First Officer);

  • Captain resting - The First Officer is the PF in the right seat and the 2nd First Officer is the PNF in the left seat.
  • First Officer resting - The Captain is the PF in left seat and the 2nd First Officer is the PNF in right seat. The Captain may designate the 2nd First Officer as PF.

The augmenting flight crew member shall occupy a flight deck observer seat during take-offs and landings unless the observer seat is required by an air carrier inspector, in which case, a passenger seat must be available for the flight crew member.

The subsequent minimum rest period shall be increased by at least 2 hours.

(3)For the flight duty time extensions to 17 or 20 hours, a fully qualified flight crew member or a cruise relief pilot can be used as the augmenting pilot(s).

(3)Bunks that are installed in aircraft when the CARs came into effect are considered to meet the requirement of the SAE Standard.

S740.17 Unforeseen Operational Circumstances

(1)Unforeseen operational circumstances (UOC) may be used to allow a pilot to complete a “block” or “cycle” with an extension to the flight time limitations for either the seven, 30 or 90 day periods. For example, a pilot on a 7-day block accumulates 3 additional flight hours during the first 6 days due to UOC. The pilot may still fly a trip on day 7 which takes him/her to a maximum of 43 hours in 7 days. In all cases, the maximum extension allowed is three consecutive hours.

(2)Planning is considered to be unrealistic if the maximum flight duty time or flight time on a particular route is exceeded on more than 10% of occasions where 10 or more flights follow that route in a calendar year. The operator must take appropriate action to ensure that the planning is realistic and the flight or series of flights is completed within the maximum allowable flight time and flight duty time. Flights on routes of less frequency than 10 per year should be dealt with on a case-to-case basis.

(2)UOC relates solely to operational circumstances, which result in delays to a planned schedule. In other words, these circumstances must be crew, weather, aircraft mechanical, ATC or emergency related and must directly affect the operation of the aircraft. Delaying the departure of a flight to wait for a delayed passenger may have an operational effect on the schedule, but it is not an UOC.

R740.19 Requirements for Time Free From Duty

1) The term consecutive days indicates that the requirement of the regulation must be satisfied throughout any of the period of consecutive days indicated. A moving or rolling window can be used to verify if the regulatory requirements are satisfied. For example, when verifying whether a flight crew member received a period of at least 3 consecutive calendar days free from duty within each 17 consecutive days, a 17 day window can be used. This sliding window can now be placed along the pilot’s schedule one day at a time; however, this technique cannot be used when the beginning of the window moves inside a period of time free from duty. If the time free from duty is always satisfied within the 17 day window, the schedule meets the requirement of the regulations.

(1) a) Where the operation is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, the regulation states that an air operator shall provide each flight crew member, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days.

The above regulation allows the operator the opportunity to provide time free from duty to its pilots in either one of the two scheduling schemes; 36 consecutive hours within each 7 consecutive days, or 3 consecutive calendar days within each 17 consecutive days.

The intent was to provide the flexibility of two scheduling schemes, but it was expected that each scheme would be used independently from the other in a more or less continuous state. The regulation is not meant to authorize a mix of the two schemes in an arrangement that will produce a working schedule conducive to fatigue. The only acceptable way to change from one scheme to the other is to provide the pilot 3 consecutive calendar days off.

Thus, the operator is allowed the opportunity to change a pilot’s schedule from a scheme of 36 consecutive hours off in each 7 days, to a scheme of 3 consecutive calendar days off in each 17 days, provided that the 3 consecutive calendar days off are awarded to the pilot at the beginning of the 17 day period. Similarly, a schedule cannot revert from 3 consecutive days off in 17 days, to 36 consecutive hours off in 7 days without initially providing the pilot with 3 consecutive days off.

A simple approach to evaluating a schedule is to use the concept of “work period”. For Subpart 4 or 5, a work period is defined as the period of time between two consecutive time off periods of duration of 36 hours or more. Thus, when operating under the scheme of 36 consecutive hours off within each 7 consecutive days, it also implies that a pilot cannot be scheduled for a work period longer than 5½ days. Conversely, when operating under 3 consecutive days off in 17 days, a pilot cannot be scheduled for more than 14 days without being awarded 3 consecutive days off.

The “work period” need not be announced to the pilot. For example, if a pilot had 3 days off and then was initially scheduled for 5 days of work, implying a 36 in 7 work period, the air operator could still alter the schedule to a 3 days in 17 “work period” anytime prior to 5 ½ days of work.

The following paragraphs provide a series of examples describing possible work schedules and an explanation for each of them as to why they meet the regulatory requirement or not. The examples show periods of 30 calendar days which could be taken at any point in time within the pilot’s working schedule. Each X represents a period of 12 hours, two Xs within one day indicate that the pilot has the day off. The symbology was chosen to be able to adequately represent a period of 36 consecutive hours of rest.

Example 1. The schedule shown at Figure 1. is unacceptable. The two scheduling schemes are mixed in an inappropriate fashion producing a working schedule conducive to excessive fatigue levels. The scheduling scheme is changed from 3 consecutive calendar days off in 17 days, to 36 continuous hours off in 7 days without providing 3 consecutive days off. Figure 2. Shows an acceptable schedule.

Example 2. The schedule shown at Figure 3. is unacceptable because the pilot who had been working on a 36 hours off in 7 days schedule for the past few weeks is not allowed to work for 8 continuous days (days 11 to 18) without having been previously awarded 3 consecutive days off. Figure 4. Shows an acceptable schedule.

Example 3. The schedule shown at Figure 5. has a rest period within each consecutive block of 7 days; days 4 to 10, days 11 to 17 and days 18 to 24 but there is a work period longer than 5½ days from days 16 to 22 which renders the schedule unacceptable. Figure 6 shows an acceptable schedule.