New Transport Canada UOC response

[737_lover]

Date: November 10, 2014
Subject: Response to Civil Aviation Issues Reporting System (CAIRS) KV-6665



Please find the response to your CAIRS submission KV-6665 below:



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Dear Sir/Madam,



As you are aware, the concerns you expressed in your submission of April 15, 2014 in connection with duty day exceedances and Unforeseen operational circumstances (UOC) were entered into the Civil Aviation Issues Reporting System (CAIRS) and were assigned file number KV-6665. Please accept our apologies for the delay. As a result of my review of the file I would like to take this opportunity to provide you with the following information:



The intent of UOC is not to improve reliability of air travel for the travelling public by preventing delays when flight crew schedules must be re-arranged due to flight time or flight duty time limit exceedance. The concept of UOC has been developed to accommodate flight crew members when faced with unforeseen delays that will cause them to exceed flight time or flight duty time limitations.



The intent of section 700.16 of the Canadian Aviation Regulations (CARs) is that the flight duty time extension is to be initiated by the pilot-in-command in consultation with the other flight crew members. Subsection 700.16(7) of the CARs states in part that “... a flight crew member may accept....”

(7) An air operator may assign a flight crew member for flight duty time, and a flight crew member may accept such an assignment, where the flight crew member's flight duty time will, as a result, exceed the flight duty time referred to in subsection (1) if

(a) the increase in flight duty time is authorized in the air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.



You are correct in your understanding that many known variables which could potentially affect the flight time and flight duty time must be considered at the outset when constructing a future schedule. To qualify as an unforeseen operational circumstance the delay must be beyond the control of an air operator or private operator.



The definition of unforeseen operational circumstances is found in subsection 101.01 (1) of the CARs.

101.01(1) "unforeseen operational circumstance" - means an event, such as unforecast adverse weather, or an equipment malfunction or air traffic control delay, that is beyond the control of an air operator or private operator;

Our guidance material on this particular issue provides the following:

740.17 Planning is considered to be unrealistic if the maximum flight duty time or flight time on a particular route is exceeded on more than 10% of occasions where 10 or more flights follow that route in a calendar year. The air operator must take appropriate action to ensure that the planning is realistic and the flight or series of flights is completed within the maximum allowable flight time and flight duty time. Flights on routes of less frequency than 10 per year should be dealt with on a case-by-case basis.



Scenario



1.) Original flight duty is scheduled to be 13:45 (planned 30 days in advance of the day in question, using historical flight time data to produce a published schedule). The day prior the forecast winds are such that the day will now be 14:15 duty. At check-in the winds are still forecast to be the same and the day is now planned at 14:15 duty.



Question

Is it legal to assign this trip and have the crew use Unforeseen Operational Circumstances (UOC)?

Answer

It is illegal.



If the air operator or flight crew member is aware of the circumstance before the flight duty period begins, then it is not an unforeseen operational circumstance – the maximum flight duty time cannot be exceeded.



If the air operator or flight crew member is not aware of the circumstance before the flight duty period begins, then it is an unforeseen operational circumstance – the maximum flight duty time can be exceeded in accordance with section 700.17 of the CARs.



The question becomes – When did the air operator become aware of the strong headwinds? Were the strong headwinds forecast? If the air operator is aware of the forecast winds prior to the flight crew beginning their flight duty time period, then it is not unforeseen.



Since winds aloft are forecasted more than 12 hours ahead of time, the air operator ought to have known that the flight time would be increased.



Section 700.17(2) of the Commercial Air Services Standards (CASS) states that “Flights shall be planned to be completed within the maximum allowable flight time and flight duty time taking into account the time necessary for pre-flight and post-flight duties, the flight or series of flights, forecast weather, turn-around times, and the nature of the operation.”



The air operator is responsible to schedule realistically so that flight duty period ( FDP) limits can be maintained. Situations that result from inadequate planning are within the air operator’scontrol and will warrant corrective action. The POI should be made aware of this situation.



Scenario



2.) Original flight duty is scheduled to be 13:30 for a two sector day. The forecast winds at stopover airport are forecast to favor the weight restricted runway. The wind has been forecast this way for at least 12 hours before the day began.



Question



At the stop over airport can the crew now plan an enroute stop which will make the Duty day 14:30 in order to take off with a lighter fuel load that will require a stop for additional fuel using UOC?



Answer



No.



Weather variations should be planned.



Weight restrictions on short runway are considered to be part of the nature of the operation.



Scenario



3.) An Aircraft has an ETOPS MEL that requires adding additional time to the planned flight. This MEL dispatch of this aircraft has been planned for several days prior to the start of the pilots duty day.



Question



Can the pilot accept a duty day over 14 hours due to this MEL?



Answer



As presented it is not acceptable.



You have stated that the air operator knew of the situation before the start of the flight duty period and had an opportunity to plan the trip so as to meet the regulatory requirements of flight duty time.



Scenario



4.) Upon reporting for duty a Flight Crew learns that fuel is being rationed at its destination, and has been for a number of days. In order to return to home base, the aircraft will have to make a tech-stop to uplift more fuel, which will subsequently cause the Flight Crew’s flight duty period to exceed 14 hours.



Question



Would this Flight Crew be justified in extending their flight duty period beyond 14 hours using UOC?



Answer



The flight crew did not know before they reported for duty and therefore it is anunforeseen operational circumstance.



The pilot-in-command may request an extension to flight duty time if he confers with the other flight crew members and they consider that it is safe to do so.



Assuming the air operator was not aware of the problem prior to the flight crew commencing their flight duty period, it would be an unforeseen operational circumstance and the pilot-in-command could apply section 700.17 of the CARs.

700.17

(a)...

(b) the pilot-in-command, after consultation with the

other flight crew members, considers it safe to exceed the maximum flight time and flight duty time;





Paragraph 720.17(1)(b) of theCommercial Air Service Standards (CASS) also states that “the pilot-in-command shall notify the air operator, in accordance with procedures outlined in the company operations manual, of the length of and the reason for the extension”

An air operator shall ensure that, following any flight duty time, a flight crew member is provided with the minimum rest period and any additional rest period required by the regulation or standard. The minimum rest period shall be increased by an amount equal to the extension to the flight duty time.

Scenario



5.) On a schedule that has more than 10 events in a year. A weekly trip, 52 events in a year. In week 10 of the year the route has exceeded 14 hours for the 6th time due to UOC, putting the route over 10% for the year, so even if the rest of the year is under 14 hours, this trip will not achieve under 10%.



Question



Can the operator continue weeks 11-52 without making a change?



Answer



No.



It is not acceptable to consider forecast weather, turn around and nature of the operation as grounds to claim unforeseen operational circumstances .



Based on the definition of unforeseen operational circumstance, unforecast adverse weather would be considered as weather that is not forecast prior to the beginning of the flight duty time period in question. It should be expected that delays due to de-icing, or thunderstorms, or strong headwinds will be encountered as a normal part of the operation.



Transport Canada’s guidance material on this particular issue provides the following for the guidance of the POI in his monitoring of an air operator’s activities:



740.17 Planning is considered to be unrealistic if the maximum flight duty time or flight time on a particular route is exceeded on more than 10% of occasions where 10 or more flights follow that route in a calendar year. The air operator must take appropriate action to ensure that the planning is realistic and the flight or series of flights is completed within the maximum allowable flight time and flight duty time. Flights on routes of less frequency than 10 per year should be dealt with on a case-by-case basis.



If an air operator were to receive a number of reports via his SMS non-punitive reporting system related to a particular situation where the circumstances of the flight or series of flights is such that one or more flight crew members is suffering or likely to suffer from fatigue, the air operator would be expected to address the situation and monitor to ensure that the corrective action was effective.



Should you become aware of a case where such situation was not reported, or was reported and no appropriate corrective actions were taken, the case with pertinent details, should be brought to the attention of the nearest Regional Enforcement office for their action.



We hope the foregoing will constitute a suitable answer to your questions.



101.01 (1) “unforeseen operational circumstance” means an event,

such as unforecast adverse weather, or an equipment malfunction or air traffic control delay, that is beyond the control of an air operator or private operator;



700.17 Unforeseen Operational Circumstances

The maximum flight time referred to in paragraphs

700.15(1)(a) to (e) and the maximum flight duty time referred to in subsection 700.16(1) may be exceeded if

(a) the flight is extended as a result of unforeseen operational

circumstances;

(b) the pilot-in-command, after consultation with the

other flight crew members, considers it safe to exceed

the maximum flight time and flight duty time; and

(c) the air operator and the pilot-in-command comply

with the Commercial Air Service Standards.

720.17 Unforeseen Operational Circumstances

The standards for compliance with this section are:

(1) Flight duty time and flight time limitations may be extended by up to 3 consecutive hours provided that:
(amended 1998/03/23; previous version)

(a) where flight duty time is extended, the subsequent minimum rest period shall be increased by an amount at least equal to the extension to the flight duty time;
(amended 1998/03/23; previous version)

(b) the pilot-in-command shall notify the air operator, in accordance with procedures outlined in the company operations manual, of the length of and the reason for the extension;

(c) the air operator shall retain the notifications until the completion of the next Department of Transport audit; and

(d) the air operator shall notify the Minister as soon as practicable.

(2) Flights shall be planned to be completed within the maximum flight time and maximum flight duty time taking into account the time necessary for pre-flight and post-flight duties, the flight or series of flights, forecast weather, turn-around times and the nature of the operation.

602.02 Fitness of Flight Crew Members



No operator of an aircraft shall require any

person to act as a flight crew member and no person

shall act as a flight crew member, if either the person or

the operator has any reason to believe, having regard to

the circumstances of the particular flight to be undertaken,

that the person

(a) is suffering or is likely to suffer from fatigue; or

(b) is otherwise unfit to perform properly the person’s

duties as a flight crew member.



700.16 Flight Duty Time Limitations and Rest Periods

(1) Subject to subsections (5) and (7), no air operator shall assign a flight crew member for flight duty time, and no flight crew member shall accept such an assignment, if the flight crew member's flight duty time will, as a result, exceed 14 consecutive hours in any 24 consecutive hours. Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, flight duty time shall include 15 minutes for post-flight duties.

(2) Where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter or a DeHavilland DHC-6 aircraft pursuant to the Commercial Air Service Standards, a flight crew member shall receive at least 24 consecutive hours free from flight duty following 3 consecutive flight duty time assignments that exceed 12 consecutive hours unless the flight crew member has received at least 24 consecutive hours free from flight duty between each flight duty time assignment.

(3) Following a flight duty time assignment, an air operator shall provide a flight crew member with the minimum rest period and any additional rest period required by this Part.

(4) A flight crew member shall use a rest period provided pursuant to subsection (3) and Section 700.19 to obtain the necessary rest and shall be adequately rested prior to reporting for flight duty.

(5) Where flight duty time includes a rest period, flight duty time may be extended beyond the maximum flight duty time referred to in subsection (1) by one-half the length of the rest period referred to in paragraph (b), to a maximum of 3 hours, if

(a) the air operator provides the flight crew member with advance notice of the extension of flight duty time;

(b) the air operator provides the flight crew member with a rest period of at least 4 consecutive hours in suitable accommodation; and

(c) the flight crew member's rest is not interrupted by the air operator during the rest period.

(6) The minimum rest period following flight duty time referred to in subsection (5) and prior to the next flight duty time shall be increased by an amount at least equal to the extension to the flight duty time.

(7) An air operator may assign a flight crew member for flight duty time, and a flight crew member may accept such an assignment, where the flight crew member's flight duty time will, as a result, exceed the flight duty time referred to in subsection (1) if

(a) the increase in flight duty time is authorized in the air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.



I would like to take this opportunity to thank you for sharing your views, as all comments we receive are appreciated.



Sincerely,



Deborah Martin

Chief, Commercial Flight Standards

Civil Aviation

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Thank you for your patience.



Kind regards,





Linda Zarth

Civil Aviation Issues Reporting System (CAIRS) |

Système de signalement des questions de l'Aviation civile (SSQAC)

Civil Aviation | Aviation civile

Transport Canada | Transports Canada

330, rue Sparks Street Ottawa, ON K1A 0N8

services@tc.gc.ca fax: 613-957-4208

Government of Canada | Gouvernement du Canada

[KK7]

Thank you for posting this. This is how I understood it to be. If you know of the delay before you start your day, it is not unforeseen. If the delay happens during the day, and is out of the control of the operator, it is unforeseen.

However, keep in mind that you should never feel forced to participate in a UOC duty extension. Granted peer pressure should not, but may still play a role, if you do not want to extend, don't accept, and that should be the end of the story. I know many of us are all get 'er done types, but fatigue is not a safe thing to play with.