Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p53
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 53/63)
Character Range: 166253–168923

7 or 9 of this Appendix.
       3.3Subject to subclause 3.4, where an FDP contains a split-duty rest period of at least 2 consecutive hours with access to suitable resting accommodation, the FDP limits under subclause 2.1 may be increased by half the duration of the split-duty rest period, provided the increase is not more than 2 hours.
       3.4If a split-duty rest period includes any period between the hours of 2300 to 0529 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) the maximum FDP may be increased to 15 hours (if not already permitted); and
(c) the reduction in the subsequent off-duty period and cumulative duty time, provided for in subclause 3.2, does not apply.
       3.5Unless the FDP is extended under clause 4, any portion of an FDP remaining after 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 Reassignment and extension
       4.1 After an FCM's assigned FDP commences, the AOC holder may reassign to the FCM a modified FDP (a reassignment), provided that each of the following applies:
(a) subject to subclauses 4.3 and 4.5 — the modified FDP and flight time does not exceed the applicable limits in the holder's operations manual;
(b) the FCM has confirmed that he or she is fit for the reassignment.
       Note   Fitness in this context is based on the FCM's self-assessment. An FCM has an obligation under paragraph 16.1 of this CAO not to carry out any task for a flight if, due to fatigue, the FCM is, or is likely to become, unfit for the task. If such circumstances apply, the FCM must decline the reassignment.
       4.2If subclause 4.1 applies, the FCM may continue in the modified FDP in accordance with subclause 4.1.
       4.3Despite 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 by up to 1 hour.
       4.4 Before exercising the discretion under subclause 4.3 to extend an FDP limit in the operations manual, the pilot in command must be satisfied that he or she, and any other FCM, are fit for the extension.
       4.5 Despite 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) unforeseen operational circumstances arise after the commencement of the FDP; and