Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 135 : Air Transport Operations - Carriage of less than 20 passengers or cargo

Subpart 2 : Operations Personnel Requirements

Division Three : Flight time and duty limitations

135.02.9 Flight time and duty period scheme
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(1) An air service operator shall—
(a)establish a scheme for the regulation of flight time and duty periods, rest periods and days free of duty as applicable, for each flight crew member that—
(i)complies with the flight time and duty period limitations, rest periods and days free of duty, prescribed in Document SA-CATS 135; or
(ii)is a system of flight time and duty period limitations, rest periods and days free of duty proposed by the operator where the Director is of the opinion that an equivalent level of safety may be achieved by the operator's proposed scheme;  and
(b)publish the scheme referred to in subregulation (1)(a) in the operations manual referred to in regulation 135.04.2.

 

(2)The operator shall not assign and no flight crew member shall accept an assignment if such assignment is not in compliance with the provisions of the scheme referred to in subregulation (1)(a) or if—
(a)the operator or flight crew member knows or has been made aware that such flight assignment will cause the flight crew member to exceed the flight time and/or duty periods referred to in subregulation (1)(a) while on duty; or
(b)the flight crew member is suffering from or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from fatigue which may endanger the safety of the aeroplane or its flight crew members and passengers.

 

(3)The operator shall not schedule a flight crew member for flight time for a period exceeding eight consecutive hours during any given duty period unless authorised in the scheme referred to in subregulation (1)(a).

 

(4)Where any flight crew member is aware of any reason they would be in violation of the scheme referred to in subregulation (1)(a), that person shall, without delay, inform the operator. For the purposes of this regulation, the operator shall be taken to mean—
(a)the appropriate management personnel if time permits;
(b)the duty crew scheduler of the operator; or
(c)the duty person responsible for operational control over the flight.