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This Subpart prescribes flight time limitations and other rules to minimise fatigue in flight crew members of aeroplanes engaged in air operations.
(a) The operator of an aeroplane must not cause or permit an air operation to be performed with an aeroplane unless—
(1) a scheme has been established for the regulation of flight and duty times for every person flying as a flight crew member in the aeroplane; and
(2) the scheme addresses the following factors where appropriate to the operator's type of operation:
(i) rest periods before flight:
(ii) acclimatisation:
(iii) time zones:
(iv) night operations:
(v) maximum number of sectors:
(vi) single pilot operations:
(vii) two pilot operations:
(viii) two pilots plus additional flight crew members:
(ix) flight crew members' qualifications:
(x) mixed duties:
(xi) dead-head transportation:
(xii) reserve or standby period:
(xiii) flight duty period:
(xiv) in-flight relief:
(xv) type of operation:
(xvi) cumulative duty time:
(xvii) cumulative flight time:
(xviii) discretionary increase in flight time limitation or flight duty limitation or both:
(xix) circadian rhythm:
(xx) days off:
(xxi) record-keeping; and
(3) the scheme is acceptable to the Director.
(b) The operator of an aeroplane performing an air operation must not cause or permit a person to fly in the aeroplane as a flight crew member if the operator knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while they are so flying as may endanger the safety of the aeroplane or its occupants.
(c) The operator of an aeroplane performing an air operation must—
(1) keep an accurate record of the flight time and duty time of each flight crew member flying in the aeroplane; and
(2) retain the flight time and duty time record required by paragraph (c)(1) for a period of 12 months from the date on which it was made.
(a) A person must not act as a flight crew member of an aircraft performing an air operation if the person knows or suspects that they are suffering from, or, having regard to the circumstances of the flight to be undertaken, are likely to suffer from, such fatigue as may endanger the safety of the aircraft or its occupants.
(b) A flight crew member must not perform other hire or reward flight duties while employed, engaged, or contracted by an air operator when such flying in addition to that in an air operation exceeds the flight and duty time limitations prescribed in the scheme required by rule 121.803(a)(1) relating to the flight crew member.
(c) A person must not act as a flight crew member of an aircraft performing an air operation unless the person has ensured that the limitations prescribed in the scheme required by rule 121.803(a)(1) relating to the person are not exceeded.
(d) A person must not act as a flight crew member of an aircraft performing an air operation if, at the beginning of the flight, the aggregate of the person's previous and planned flight times on air operations—
(1) during the period of 28 consecutive days expiring at the end of the day on which the flight begins — exceeds 100 hours; or
(2) during the period of 365 consecutive days expiring at the end of the day on which the flight begins — exceeds 1000 hours.
