Flight Time Limitations exist to ensure the safe operation of commercial aircraft and to avoid the onset of Pilot Fatigue. Flights shall be planned so that duty periods, flight duty periods and minimum rest periods are within prescribed limits taking into consideration other factors such as daytime and night time duties, the positioning of crew, proper and sufficient between flying duties and the availability of inflight rest.
Where Are We?
It is only very recently that European Flight time limitation rules have been standardised, starting from July 2008 all EU member states have had to operate under the new “EU-OPS” regulation SubpartQ. For the first time the EU has effectively introduced a harmonized and legally binding set of FTL rules. As the UK’s CAP 371 conforms to, and is indeed more restrictive than, SubpartQ the CAS will continue to use it as our “alternative means of compliance” to SubpartQ.
However, whilst EU countries like the UK can choose to legislate at a stricter level than SubpartQ, they cannot operate below the minimum level set by the EU-OPS unless they apply for a special alleviation.
BALPA are actively lobbying the DFT and the CAA for assurances that all European operators are adhering to SubpartQ.
What about the Science?
SubpartQ sets a minimum standard, however is it a perfect set of rules? Of course not!
It was identified that certain areas were theoretical and would require further scientific review as evidence to support the theory. As part of the process in agreeing SubpartQ, EASA agreed to perform a scientific and medical evaluation of Flight Time Limitations, EASA selected a consultancy, which put together a panel of 13 renowned independent scientists from around Europe to co-ordinate the review. The final report was published by the consultancy Moebus aviation in January 2009.
Several areas were identified that required improvement in the provisions of SubpartQ to ensure adequate levels of flight safety and mitigate pilot fatigue.
The scientific study concentrated on areas of concern including:
• Large number of duty hours in a short time
• Long night duties
• Early starts of duty
• Time zone crossing
• Standby duty
The WOCL (window of circadium low) was also highlighted.
Have the Airlines welcomed this?
The AEA have been particularly scathing about the report. Words such as “flawed” “unconvincing” and “lacking” have been used in communications. Accordingly the AEA state that the report lacks any scientific credibility. The AEA also adds that the scientific and medical review would add 1 billion euros to the AEA crew cost with business shifting to non EU airlines. Strong sentiments particularly in today’s challenging global economy.
What Is BALPA’s View?
BALPA believes that the recommendations in the report of the scientific team investigating pilot fatigue should be adopted as soon as possible. The scientific and medical evaluation of Flight Time Limitations, detailing when pilots can fly and when they should rest through different time zones, has identified a number of legal provisions that need to be improved to meet the needs of our industry and guarantee highest safety levels whilst taking into account the scientific evidence.
The Future
EASA take control of European Flight Time Limitations in 2012 and at the end of January 2009 EASA published their “Notice of Proposed Amendment” (NPA). The deadline for comments is May 2009. BALPA are actively reviewing the NPA and will comment shortly.
Our Members
BALPA wants you to join in this debate! Mitigating pilot fatigue and maintaining flight safety is paramount in maintaining and improving the standards of which our members are rightly very proud.
Pilots recognise the operator’s need to be commercially viable, but this must not be with the diluting of measures designed to maintain the highest levels of flight safety.
