Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p35
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 35/63)
Character Range: 122218–124919

hours, commencing from the time he or she is informed of the cancellation, before again being assigned an FDP in accordance with this Appendix or another Appendix of this CAO.

 Meaning of "informed"
       4.15 In this clause:
informed means informed by the AOC holder in accordance with procedures in the holder's operations manual for communicating information between the holder and an FCM.

    5 Reassignment and extension
       5.1 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 subclause 5.3 — the modified FDP 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.
       5.2If subclause 5.1 applies, the FCM may continue in the modified FDP in accordance with subclause 5.1.
       5.3Despite 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.
       5.4 Before exercising the discretion under subclause 5.3 to extend the FDP limit, the pilot in command must be satisfied that he or she is fit for the extension.
       5.5 Flight training for up to 30 minutes may be conducted after the first 7 hours of the FDP's flight time if:
(a) unforeseen operational circumstances arise after the commencement of the FDP; and
(b) it is operationally necessary in order to complete the duty; and
(c) the 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