Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p39
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 39/63)
Character Range: 131870–134631

FCM according to whether or not the FDP contains a split-duty rest period

Does the FDP contain a split-duty rest period?  Maximum FDP (hours)
  No                                            6
Yes                                             10

       2.2An FCM cannot continue in an FDP for longer than 6 hours unless he or she has completed or commenced a split-duty rest period of at least 4 consecutive hours.

    3 Increase in FDP limits by split duty
       3.1Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 4 consecutive hours with access to suitable sleeping accommodation (the split-duty rest period), the maximum FDP may be increased by the duration of the split-duty rest period to a maximum of 15 hours.
       3.2After an FDP mentioned in subclause 3.1, the first 4 hours of the split-duty rest period may be reduced by 2 hours for the purpose of determining the subsequent off-duty period or cumulative duty time under clause 5 or 7 of this Appendix.
       3.3If a split-duty rest period includes any period between the hours of 2100 to 0329 local time, then:
(a) the split-duty rest period must be for a consecutive period of at least 7 hours with access to suitable sleeping accommodation; and
(b) subclause 3.2 does not apply.
       3.4Any remaining portion of an FDP following a split-duty rest period must be no longer than 5 hours.
Note   These are the maximum FDP and flight time limits under this Appendix unless, for any particular FCM, other provisions have the effect of reducing these limits (for example, subsections 14 and 15 of this CAO).

    4 Extensions
       4.1Despite the FDP limits provided in the operations manual, in unforeseen operational circumstances at the discretion of the pilot in command, the FDP limits in the operations manual may be extended up to a maximum of 1 hour if:
(a) the FDP has commenced; and
(b) the FCM considers himself or herself fit for the extension.
       4.2An FDP limit must not be extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 6 or the cumulative duty time limits in clause 7.
       4.3Despite any limit or number under this Appendix, if:
(a) unforeseen operational circumstances arise after take-off on the final sector of an FDP; and
(b) the unforeseen operational circumstances would cause an FCM to exceed any limit or number permitted under this Appendix;
       then the flight may continue to the planned destination at the discretion of the pilot in command.
Note 1   Under regulation 91.215 of CASR, the pilot in command of an aircraft is responsible for the conduct and safety of members of the crew on the aircraft and, therefore, has a discretion to not permit an extension