Thu Aug 07, 2014 7:06 pm
#1304739
This affects a large number of commercial pilots in the UK who, like myself, choose to fly GA and instruct in our leisure time. Such instructors are providing a significant contribution to General Aviation in the UK, and is no different in terms of Commercial Air Transport (CAT) fatigue to any other leisure pursuit or activity in our spare time. It would be better to place the onus on the individual to be responsible for any intermix of CAT and GA FTLs.
Having looked at the regulations again, I have included the relevant extracts with a brief explanation of my understanding.
ANO Article 144 currently requires any duty period/flight time in aircraft 1600kg and above to be included in Commercial Air Transport (CAT) Flight Time Limitations (FTLs), along with any CAT, Public Transport (PT), or aerial work (including flight instructing) regardless of aircraft mass. This requirement is re-stated in CAP 371. Therefore, flying an aircraft such as a T6 Harvard or any instructing at a flying club must presently be included in CAT FTLs due to ANO Article 144.
A significant change was introduced with Part-FCL, which has returned us to having Flight Instructors who are not CPL holders. Under FCL.205.A(b), if one is instructing or examining under the conditions specified therein then they are clearly exercising the privileges of a private pilot. The question of whether they are remunerated will cause that flight to be classified as "aerial work". ANO Article 144 therefore currently applies and those hours must by declared in any CAT FTL scheme. However, in the future this will become regulated by Part-NCO, within which there is no specific requirement for FTLs; there is a more generic statement about fatigue at NCO.GEN.105 and it would appear no calculation of any intermix of FTLs is mandated. Indeed, if acting within the privileges of a private pilot why should they be?
If an aircraft would be regulated by Part-NCC (Non-Commercial Operations with Complex Motor-Powered Aircraft**) then there is a specific reference to intermix of FTLs in NCC.GEN.105 (e) and(f) and those hours must be included in CAT FTLs.
Whilst Part-ORA regulations require FTLs at an Approved Training Organisation (ATO) in accordance with AMC1 ORA.ATO.230(b), this is clearly to protect against excessive duty/flying hours within that environment and not for pilots to calculate any intermix of those hours by including them in any CAT FTL scheme.
Therefore I suggest that ANO Article 144 et seq be amended to reflect the fact that General Aviation flying (non-complex** so MTWA 5700kg or less) and instructing carried out by Commercial Pilots should not be mandated for inclusion in CAT FTLs.
Cookie
Relevant extracts:
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T6 Harvard
Maximum Take-Off Mass 2540kg
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ANO Article 144
(2) In this Part:
(a) ‘flight time’ means all time spent by a person as a member of the crew in:
(i) a civil aircraft whether or not registered in the United Kingdom (other than such an aircraft which has a maximum total weight authorised of not more than 1600kg and which is not flying for the purpose of commercial air transport, public transport or aerial work);
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FCL.205.A
FCL.205.A PPL(A) — Privileges
(a) The privileges of the holder of a PPL(A) are to act without remuneration as PIC or co-pilot on aeroplanes or TMGs engaged in non-commercial operations.
(b) Notwithstanding the paragraph above, the holder of a PPL(A) with instructor or examiner privileges may receive remuneration for:
(1) the provision of flight instruction for the LAPL(A) or PPL(A);
(2) the conduct of skill tests and proficiency checks for these licences;
(3) the ratings and certificates attached to these licences.
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Part-NCO NCO.GEN.105
NCO.GEN.105 Pilot-in-command responsibilities and authority
(a)The pilot-in-command shall be responsible for:
(5) not commencing a flight if he/she is incapacitated fromperforming duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
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Part-NCC NCC.GEN.105
(e) The crew member shall not undertake duties on an aircraft:
(1) if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f. of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit, to the extent that the flight may be endangered; or
(2) when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g. of Annex IV to Regulation (EC) No 216/2008.
(f) The crew member who undertakes duties for more than one operator shall:
(1) maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No xxx/XXXX; and
(2) provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
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AMC1 ORA.ATO.230(b)
Training manual and operations manual
ALL ATO EXCEPT THOSE PROVIDING FLIGHT TEST TRAINING
OPERATIONS MANUAL
The operations manual for use at an ATO conducting integrated or modular flight training courses should include the following:
(14)flight duty period and flight time limitations (flying instructors);
(15)...
(16)rest periods (flight instructors);
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**Complex aircraft - EASA definition: Complex motor-powered aircraft are defined in Article 3 of Regulation (EC) No 216/2008 [and] shall mean:
(i) an aeroplane:
with a maximum certificated take-off mass exceeding 5 700 kg, or
certificated for a maximum passenger seating configuration of more than nineteen, or
certificated for operation with a minimum crew of at least two pilots, or
equipped with (a) turbojet engine(s) or more than one turboprop engine, or
(ii) a helicopter certificated:
for a maximum take-off mass exceeding 3 175 kg, or
for a maximum passenger seating configuration of more than nine, or
for operation with a minimum crew of at least two pilots,
or
(iii) a tilt rotor aircraft.
Jon Cooke
UK, EASA & FAA Flight Instructor | UK Senior Examiner | UK & EASA Examiner | UK & FAA Remote Pilot