Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p28
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 28/63)
Character Range: 105471–108124

in unforeseen operational circumstances at the discretion of the pilot in command:
(a) the FDP limits in the operations manual may be extended by up to 1 hour; and
(b) the sectors for the FDP limits may be increased by 1 more than would otherwise be the case for the FDP.
       5.4 Before exercising the discretion under subclause 5.3 to extend the FDP limit of an FCM, the pilot in command must:
(a) do the following:
           (i) consult each FCM who is a crew member on the aircraft;
           (ii) be satisfied that each FCM considers himself or herself fit for the extension; and
(b) if the FCM whose FDP would be extended is the pilot in command — do the following:
           (i) consult each FCM who is a crew member on the aircraft;
 (ii) be satisfied that, as pilot in command, he or she is fit for the extension.
       5.5Despite the limits provided in the operations manual, the flight time limit for an FDP may be extended by not more than 30 minutes               if:
(a) it is operationally necessary in order to complete the duty; and
(b) the FCM, or each FCM, considers himself or herself fit for the extension.
       5.6 An FDP limit must not be reassigned or extended under this clause if it would cause an FCM to exceed the cumulative flight time limits in clause 9 or the cumulative duty time limits in clause 10.
       5.7 Despite 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 or alternate 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 to occur even if otherwise permissible under this clause.
Note 2   Guidance on the assessment of individual cognitive and physical fitness is contained in CAAP 48‑01.

    6 Standby limits and standby-like arrangements
       6.1An AOC holder must not require an FCM to be on continuous standby for a period longer than 14 hours.
       6.2The maximum allowable FDP after a call out from standby must be decreased by the number of hours by which the standby exceeds 4 hours.
       6.3If an FCM is called out, the maximum combined duration of standby and the subsequent FDP is 16 hours except where the subsequent FDP includes a split‑duty rest period, in suitable sleeping accommodation,