Flight Time Limitations Under Commission Regulation (EU) No. 83/2014

slide05-turn-the-clockThe UK CAA issued a new information notice on EU FTL regulations. In this post, I have added some snippets extracted from the various official documents available. It is not my intention to give an complete overview of the new limitations, but instead highlight some interesting parts which could help answering practical questions, such as: When will these new regulations become applicable? What is “early type disruptive schedule”? For more detailed information, please consult the official documents (headers are hyperlinks).

Highlights are in red font. | Personal comments are in italic. | Questions are in blue italic.

pdf CAA Information Notice IN–2014/036

1.1 The purpose of this Information Notice is to advise all Commercial Air Transport (CAT) Air Operator Certificate (AOC) holders engaged in two-pilot aeroplane scheduled and charter operations that the European Regulation for Flight Time Limitations (FTL) has now been published in the Official Journal of the European Union. 

2.1 The European Commission has now completed the necessary legislative processes to harmonise FTL under Subpart-FTL. Commission Regulation (EU) No. 83/2014 was entered into the EU Official Journal on 29 January 2014. The supporting EASA Decision material has also been published. The Regulation will enter into force on 18 February 2014. It will become applicable on 18 February 2016 and all affected operators must have transitioned to compliance with the new rules by that date.

pdf EASA Decision 2014/002/R

The Certification Specifications CS-FTL.1, applicable to air operators and crew members involved in commercial air transport by aeroplane other than emergency medical services (EMS), air taxi and single pilot operations, and related GM to Annex III (Part-ORO) of Commission Regulation (EU) No 956/2012 are those laid down in the Annex to this Decision.

pdf Commission Regulation (EU) 83/2014

Article 9a

The Agency shall conduct a continuous review of the effec­tiveness of the provisions concerning flight and duty time limitations and rest requirements contained in Annexes II and III. No later than 18 February 2019 the Agency shall produce a first report on the results of this review. That review shall involve scientific expertise and shall be based on operational data gathered, with the assistance of Member States, on a long-term basis after the date of application of this Regulation. The review referred to in paragraph 1 shall assess the impact on aircrew alertness of at least the following:

  • duties of more than 13 hours at the most favourable time of the day,
  • duties of more than 10 hours at less favourable time of the day,
  • duties of more than 11 hours for crew members in an unknown state of acclimatisation,
  • duties including a high level of sectors (more than 6),
  • on-call duties such as standby or reserve followed by flight duties, and
  • disruptive schedules.

Article 2

It shall apply from 18 February 2016.

By way of derogation from the second paragraph, Member States may choose not to apply the provisions of point
ORO.FTL.205(e) of Annex III to Regulation (EU) No 965/2012 and continue to apply the existing national provisions concerning in-flight rest until 17 February 2017.

When a Member State applies the provisions of the third para­graph, it shall notify the Commission and the Agency and it shall describe the reasons for the derogation, its duration as well as the programme for implementation containing the envisaged actions and the related timing.

ORO.FTL.105 Definitions

(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;

(19) “rest facility” means a bunk or seat with leg and foot support suitable for crew members’ sleeping on board an aircraft;

ORO.FTL.110 Operator responsibilities

An operator shall:

(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;

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

ORO.FTL.120 Fatigue risk management (FRM)

(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.

question Is there any decision or guidance material available on when an operator should have an FRM? Or is this the deceision of the operator to increase the max FDP as described in ORO.FTL.125?

ORO.FTL.125 Flight time specification schemes

a) The operator shall:

(1) define reporting times appropriate to each individual operation taking into account ORO.FTL.110(c);

(2) establish procedures specifying how the commander shall, in case of special circumstances which could lead to severe fatigue, and after consultation with the crew members concerned, reduce the actual FDP and/or increase the rest period in order to eliminate any detrimental effect on flight safety.

(b) Basic maximum daily FDP.

(1) The maximum daily FDP without the use of extensions for acclimatised crew members shall be in accordance with the following table:

Maximum daily FDP — Acclimatised crew members

(2) The maximum daily FDP when crew members are in an unknown state of acclimatisation shall be in accordance with the following table:

Crew members in an unknown state of acclimatisation

(3) The maximum daily FDP when crew members are in an unknown state of acclimatisation and the operator has implemented a FRM, shall be in accordance with the following table:

Crew members in an unknown state of acclimatisation under FRM

c) FDP with different reporting time for flight crew and cabin crew.

Whenever cabin crew requires more time than the flight crew for their pre-flight briefing for the same sector or series of sectors, the FDP of the cabin crew may be extended by the difference in reporting time between the cabin crew and the flight crew. The difference shall not exceed 1 hour. The maximum daily FDP for cabin crew shall be based on the time at which the flight crew report for their FDP, but the FDP shall start at the reporting time of the cabin crew.

(d) Maximum daily FDP for acclimatised crew members with the use of extensions without in-flight rest.

(1) The maximum daily FDP may be extended by up to 1 hour not more than twice in any 7 consecutive days. In
that case: (i) the minimum pre-flight and post-flight rest periods shall be increased by 2 hours; or (ii) the post-flight rest period shall be increased by 4 hours.

e) Maximum daily FDP with the use of extensions due to in-flight rest

Flight time specification schemes shall specify the conditions for extensions of the maximum basic daily FDP with in-flight rest in accordance with the certification specifications applicable to the type of operation, taking into account:

(i) the number of sectors flown;
(ii) the minimum in-flight rest allocated to each crew member;
(iii) the type of in-flight rest facilities; and
(iv) the augmentation of the basic flight crew

question So this is not specified in the regulation, but the responsibility of the NAA?

(f) Unforeseen circumstances in flight operations — commander’s discretion

(1)(i) the maximum daily FDP which results after applying points (b) and (e) of point ORO.FTL.205 or point ORO.FTL.220 may not be increased by more than 2 hours unless the flight crew has been augmented, in which case the maximum flight duty period may be increased by not more than 3 hours;

ORO.FTL.210 Flight times and duty periods

(a) The total duty periods to which a crew member may be assigned shall not exceed:

(1) 60 duty hours in any 7 consecutive days;
(2) 110 duty hours in any 14 consecutive days; and
(3) 190 duty hours in any 28 consecutive days, spread as evenly as practicable throughout that period.

(b) The total flight time of the sectors on which an individual crew member is assigned as an operating crew member
shall not exceed:

(1) 100 hours of flight time in any 28 consecutive days;
(2) 900 hours of flight time in any calendar year; and
(3) 1 000 hours of flight time in any 12 consecutive calendar months.

(c) Post-flight duty shall count as duty period. The operator shall specify in its operations manual the minimum time
period for post-flight duties.

ORO.FTL.215 Positioning

full FDP, but not as sector

ORO.FTL.220 Split duty

break on the ground, =full FDP, not after reduced rest

ORO.FTL.225 Standby and duties at the airport

= Duty Period, operator provides accomodation

(f) flight time specification schemes shall specify the following elements:
question So this is not specified in the regulation, but the responsibility of the NAA?

(1) the maximum duration of any standby;
(2) the impact of the time spent on standby on the maximum FDP that may be assigned, taking into account facilities provided to the crew member to rest, and other relevant factors such as:
— the need for immediate readiness of the crew member,
— the interference of standby with sleep, and
— sufficient notification to protect a sleep opportunity between the call for duty and the assigned FDP;
(3) the minimum rest period following standby which does not lead to assignment of an FDP;
(4) how time spent on standby other than airport standby shall be counted for the purpose of cumulative duty periods.

ORO.FTL.230 Reserve

If an operator assigns crew members to reserve, the following requirements shall apply in accordance with the certifi­cation specifications applicable to the type of operation:

(a) reserve shall be in the roster;
(b) flight time specification schemes shall specify the following elements:
question So this is not specified in the regulation, but the responsibility of the NAA?

(1) the maximum duration of any single reserve period;
(2) the number of consecutive reserve days that may be assigned to a crew member

ORO.FTL.240 Nutrition 

meal/drinks especially when FDP>6hrs

ORO.FTL.235 Rest periods

a) Minimum rest period at home base.

(1) The minimum rest period provided before undertaking an FDP starting at home base shall be at least as long as the preceding duty period, or 12 hours, whichever is greater.

(2) By way of derogation from point (1), the minimum rest provided under point (b) applies if the operator provides suitable accommodation to the crew member at home base.

(b) Minimum rest period away from home base.

The minimum rest period provided before undertaking an FDP starting away from home base shall be at least as long as the preceding duty period, or 10 hours, whichever is greater. This period shall include an 8-hour sleep opportunity in addition to the time for travelling and physiological needs.

(c) Reduced rest

By derogation from points (a) and (b), flight time specification schemes may reduce the minimum rest periods in
accordance with the certification specifications applicable to the type of operation and taking into account the
following elements:

(1) the minimum reduced rest period;
(2) the increase of the subsequent rest period; and
(3) the reduction of the FDP following the reduced rest.

ORO.FTL.250 Fatigue management training

(a) The operator shall provide initial and recurrent fatigue management training to crew members, personnel responsible for preparation and maintenance of crew rosters and management personnel concerned.

(b) This training shall follow a training programme established by the operator and described in the operations manual. The training syllabus shall cover the possible causes and effects of fatigue and fatigue countermeasure.