Document ID: chunk:federal_register_of_legislation:F2021C01239:reg:9:p5
Version: federal_register_of_legislation:F2021C01239
Segment Type: reg
Provision Reference: reg 9 (pt 5/63)
Character Range: 47982–50568

commences another FDP.

13A Transitioning from Appendix 4B, 5 or 5A, or Subpart 137.Q of CASR
       13A.1Subject to paragraph 13A.2, an FCM, transitioning from the application of Appendix 4B, 5 or 5A, or Subpart 137.Q of CASR to his or her last FDP or standby, to the application of another Appendix of this CAO (other than Appendix 4B, 5 or 5A) (the other Appendix) to his or her next FDP or standby, must before commencing the next FDP or standby under the other Appendix, have had at least 6 days off-duty in the previous 28 consecutive days.
       13A.2Subject to paragraph 13A.3, if, despite paragraph 13A.1, an FCM has not had the minimum number of days off-duty that are specified under the subsection for the transition to the other Appendix, the FCM may commence a first FDP or standby under the other Appendix provided that:
(a) the off-duty period immediately before the first FDP or standby under the other Appendix is at least 12 hours; and
(b) the report time for the FCM for the first FDP is not earlier than 0700 hours local time; and
(c) the FCM's previous FDP was less than 8 hours; and
(d) the first FDP is less than 8 hours in duration; and
(e) after the first FDP, there is only 1 subsequent FDP, also of less than 8 hours, before the requirements of paragraph 13A.1 must be complied with.
       13A.3Paragraph 13A.2 does not apply to a transition to Appendix 1.

14 AOC holder obligations

 Fitness for duty
       14.1An AOC holder must not assign a duty on a flight to an FCM if the AOC holder reasonably believes that the FCM is unfit to perform the duty because of fatigue.

 Limits
       14.2The limits and requirements that are to apply to an FCM must be determined in accordance with the Appendix chosen under this CAO to apply to the FCM.
Note   The word "limit" in a provision refers expressly or impliedly to a quantity of time and, depending on the context and other language of the provision, is used to denote a maximum quantity of time that is not to be exceeded except in accordance with this CAO, or a minimum quantity of time that is not to be reduced except in accordance with this CAO.

 Operations manual
       14.3The AOC holder must include in the operations manual:
(a) the limits arising from compliance with each applicable Appendix of this CAO that the holder has chosen to apply to an FCM, showing:
           (i) each maximum limit under the Appendix which must not be exceeded; and
           (ii) each minimum limit under the Appendix which must not be reduced; and
       Note 1   For example, taking into account the provisions