Subpart K -- Fatigue of Flight Crew

135.801 Purpose

This Subpart prescribes flight time limitations and other rules to minimise fatigue in flight crew members of aircraft engaged in air operations.

135.803 Operator responsibilities

(a) A holder of an air operator certificate must not cause or permit an air operation to be performed with an aircraft unless--
- (1) a scheme has been established for the regulation of flight and duty times for every person flying as a flight crew member in the aircraft; and
- (2) the scheme addresses the following factors for air transport operations where appropriate to the operator's type of operation:
  - (i) rest periods before flight:
  - (ii) acclimatisation:
  - (iii) time zones:
  - (iv) night operations:
  - (v) maximum number of sectors:
  - (vi) single pilot operations:
  - (vii) two pilot operations:
  - (viii) two pilots plus additional flight crew members:
  - (ix) flight crew members' qualifications:
  - (x) mixed duties:
  - (xi) dead-head transportation:
  - (xii) reserve or standby period:
  - (xiii) flight duty period:
  - (xiv) in-flight relief:
  - (xv) type of operation:
  - (xvi) cumulative duty time:
  - (xvii) cumulative flight time:
  - (xviii) discretionary increases in flight time limitations or flight duty limitations or both:
  - (xix) circadian rhythm:
  - (xx) days off:
  - (xxi) record-keeping; and
- (3) the scheme for commercial transport operations, complies with the following:
  - (i) flight crew must not fly in excess of 160 hours in any 30 consecutive days:
  - (ii) flight crew must have not less than 2 days free of duty in any 14 day period:
  - (iii) flight crew must have not less than 2 consecutive days free of duty in any 30 day period; and,
- (4) the scheme is acceptable to the Director.
(b) The operator of an aircraft performing an air operation must not cause or permit any person to fly in the aircraft as a flight crew member if the operator knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue while the person is flying as may endanger the safety of the aircraft or its occupants.
(c) The operator of an aircraft performing an air operation must--
- (1) keep an accurate record of the flight time and duty time of each flight crew member; and
- (2) retain the flight time and duty time record required by paragraph (c)(1) for a period of 12 months from the date on which it was made.

135.805 Flight crew responsibilities

(a) A person shall not act as a flight crew member of an aircraft performing an air operation if that person knows or suspects that they are suffering from, or, having regard to the circumstances of the flight to be undertaken, are likely to suffer from, such fatigue as may endanger the safety of the aircraft or its occupants.
(b) A flight crew member shall not perform other hire or reward flight duties while employed, engaged, or contracted by an air operator when such duties and flying in addition to that in air operations will exceed the flight and duty time limitations prescribed in the scheme required by 135.803(a)(1) relating to that flight crew member.
(c) A person shall not act as a flight crew member of an aircraft performing an air operation unless that person has ensured that the limitations prescribed in the scheme required by 135.803(a)(1) relating to that person are not exceeded.
(d) Notwithstanding paragraph (c), the flight and duty time scheme limitations shall not apply where the flight is one which ought to be made in the interests of safety or health of any person, in such cases it is the responsibility of the pilot-in-command to be satisfied that the safety of the flight will not be endangered by reason of any flight crew member exceeding the applicable flight time limitations.