EASA FTL Commander’s Discretion

ORO.FTL.205 (f)
Training syllabus:

Exceedances of Flight & Duty Time Limitations

• Unforeseen Circumstances
• Decision Making
• The Limits
Reductions of Rest Periods
Increase of Rest Period
Reporting in case of Exceedances or Modifications of FDP/Rest Time
Fatigue
• Definition of Fatigue
• Effects of Fatigue
• Causes of Fatigue
Exceedances of Flight & Duty Time Limitations
Commander’s Discretion must be understood as an exceptional ‘fix’ for some of the uncertainties
in commercial aviation. The operator may not plan or change an FDP at any time such that it
exceeds the maximum applicable FDP.

FTL rules build upon the predictability of rosters so that crews can plan and achieve adequate
rest. Operators are expected to plan sufficient capacity, at their operating bases, to deal with
disruptions normally expected in daily operations using the specific FTL provisions (e.g. stand-by,
reserve). Therefore, FDP changes after reporting should be an infrequent event as such changes
can create roster instability and may generate fatigue.

The exercise of commander’s discretion shall be considered exceptional and shall be avoided at
home base and/or X-Fly hubs where standby or reserve crew members shall be available.
(AMC1 ORO.FTL.205(f))
Unforeseen Circumstances

Even an X-Fly’s most cautious planning of flight pattern cannot cover all circumstances
causing delay or excessive fatigue – although good planning can greatly help to reduce such
situations.

If changes to planned duties are to be made on the day of operation, all applicable limits apply.
If a duty has not been planned with an X-Fly’s extension under OM-A 7.1.4.6 Extension of FDP
Without In-flight Rest, it cannot be changed into a duty with such extension on the day of
operation.

Commander’s discretion may be used to modify the limits on the maximum daily FDP (basic or
with extension), duty and rest periods in the case of unforeseen circumstances in flight
operations beyond the X-Fly’s control, which start at or after the reporting time. However, X-
Fly should ensure that sufficient margins are included in schedule design so that commanders
are not expected to exercise discretion as a matter of routine.

EASA does not stipulate that using Commander’s discretion is safe. EASA allows the
commander to investigate whether it could be safe.
List of unforeseen circumstances, but not limited to, are:

• Technical defects requiring Maintenance assistance,

• Lack of GH staff or equipment during rotations,
• Change of crew members due to injury or illness,
• Late arrival of transit passengers,
• Rapidly developing weather phenomena,
• Authorities or airport restrictions to air traffic,
• Breakdown of ATC equipment which significantly reduces traffic flow.
Decision Making

Exercising discretion is a complex process and requires the use of a decision-making model
(FORDEC).

The responsibility and decision lies exclusively with the commander alone. An established
'non-punitive' company environment shall guarantee that the management will refrain from
any negative response related to the outcome of the Commander´s Discretion to the crew or
its individual crew members. Xfly has a non-punitive behavior towards Commander’s decision
for modifying the limits on flight duty, duty and rest periods in case of unforeseen
circumstances in flight operations.

The responsibility to avoid situations, where the use of Commander´s Discretion is the last
way to avoid flight cancellation, is a shared responsibility, including all levels within an X-Fly's
organization.

The option to extend or reduce an FDP shall be checked against the suitability, the necessity
and the proportionality.
Suitability

CAT.GEN.MPA.100 c states: The crew member shall not perform duties on an aircraft if he/she
knows or suspects that he/she is suffering from fatigue. The commander shall consult all crew
members on their alertness levels before deciding the modifications. When there is already
doubt about the alertness level of a crewmember, the commander’s margin of discretion in this
case is reduced to zero.

Necessity

The extension of an FDP using a Commander´s Discretion may interfere with the interest of
safety defined within the basic regulation. Before using a Commander´s Discretion all other
means with a lesser impact on safety shall be used. Consequently, the use of a Commander´s
Discretion at the X-Fly’s home base or company hubs is limited to an extraordinary case and
shall be avoided.

Proportionality

The use of a Commander´s Discretion to extend the FDP is not the right method to fulfill overly
ambitious flight schedules. Careful assessment is necessary as safety must never be
compromised by the pursuit of commercial considerations or scheduling conveniences. The
impact of the extension of an FDP using a Commander´s Discretion must be in a reasonable
relationship to the purpose.
The Limits

A Commander’s Discretion always applies exclusively to the duration of a single FDP and/or a
single rest period.
In the case of an extended FDP or reduced rest the commander should take due
consideration of additional factors that might decrease a crew member’s alertness levels,
such as:

• WOCL encroachment;
• Weather conditions;
• Complexity of the operation and/or airport environment;
• Lack of GH staff or equipment during rotations,
• Change of crew members due to injury or illness,
• Late arrival of transit passengers,
• Rapidly developing weather phenomena,
• Authorities or airport restrictions to air traffic,
• Breakdown of ATC equipment which significantly reduces traffic flow.
• Aeroplane malfunctions or specifications;
• Flight with training or supervisory duties;
• Increased number of sectors;
• Circadian disruption; and
• Individual conditions of affected crew members (time since awake, sleep-related factor,
workload, etc.)
The commander may extend only the applicable non-extended limit, that can be found on
OM-A 7.1.4.1 Maximum Duty Periods (i.e. the limit without a planned extension).

For example, when 1 hour has already been added to the maximum daily FDP in
accordance with 7.1.4.6 Extension of FDP Without In-flight Rest, then only 1 hour is left for
commander’s discretion.

The maximum daily FDP as stated in OM-A 7.1.4.1 Maximum Duty Periods may not be
increased by more than 2 hours. If on the final sector within an FDP the allowed increase
is exceeded because of unforeseen circumstances after take-off, the flight may continue
to the planned destination or alternate aerodrome; and the rest period following the FDP
may be reduced but can never be less than 10 hours.

Note: Extension of the 168 hours between two recurrent extended recovery rest periods
is not allowed. This applies even when a crew member is planned to fly back to his home
base and there is a departure delay. X-Fly must plan duties and rest times with sufficient
margins. The Regulation does not say that 168 h must be reached. They are not a target,
they are a maximum threshold.
Reductions of Rest Periods

The Commander may, at his discretion, and after taking note of the circumstances of other members
of the crew, reduce a rest period provided he is satisfied that the flight after the rest can be made
safely.
•The rest period following the FDP can never be less than 10 hours.
Increase of Rest Period
Note that Commander’s Discretion is not all about flying longer FDPs or reduced rest
periods. It is also about reducing a planned FDP and to adjust or even terminate flight
operations early.

In case of unforeseen circumstances which could lead to severe fatigue, the commander
shall reduce the actual flight duty period and/or increase the rest period in order to
eliminate any detrimental effect on flight safety.
Reporting in case of Exceedances or Modifications of FDP/Rest Time

The commander shall report to the operator when an FDP is reduced/increased, or a rest
period is reduced/increased at his or her discretion, by immediately notifying Crew
Control (OFO) accordingly.

The commander shall always submit a written report to X-fly Flight Operations
Management via IQSMS whenever an FDP has been modified by his discretion or
whenever a limitation as stated within OM-A 7.1.4 - Flight Time and Duty Period
Limitations has been violated.

Where the increase of an FDP or reduction of a rest period exceeds one hour, a copy of
the report, to which X-fly must add comments, is sent to the TRAM no later than 28 days
after the event.
Fatigue

Definition of Fatigue

ICAO definition of fatigue: “A physiological state of reduced mental or physical performance

capability resulting from sleep loss, extended wakefulness, circadian phase, and/or
workload (mental and/or physical activity) that can impair a person’s alertness and ability to
perform safety related operational duties.”

This definition stresses the fact that fatigue is a multifactorial problem, with various causes
and presentations, including impaired alertness and reduced performance, which may impair
an individual’s abilities to perform his or her duties safely.
Effects of Fatigue

• Impaired Alertness

Sleepiness and unintentionally falling asleep are possibly the two effects which are described
most often by pilots when asked about their experience with fatigue in-flight. Fatigued
individuals become less alert and may subsequently start to feel sleepy or drowsy. If these
individuals do not get the rest period they need, the feeling of sleepiness may become
overwhelming, resulting in the so-called micro-sleeps, defined as brief uncontrollable periods
of sleep. This feeling of sleepiness decreases a pilot’s alertness, finally resulting in
unintentional (micro) sleeps, which leads to performance decrements.

• Decreased Performance

Recent studies showed that just 2h of sleep loss leads to performance decreases equal to
those observed after consuming two to three bottles of beer. Impairment of cognitive
functioning is particularly noticeable when measuring executive functioning, sustained
attention and long-term memory. Similar reductions in performance have been observed in
fatigued pilots. In studies, up to 90% of pilots reported ever having made mistakes due to
fatigue.
• Long-Term Health Effects

Research has shown that fatigue may cause long-term health effects. Although
these effects may have a limited influence on the performance of a fatigued
pilot, they may lead to long-term reductions in performance.
Causes of Fatigue

• Sleep Loss

Sleep loss may be acute (not sleeping at all for an extended period of time, also known as
sleep deprivation) or chronic “trimming” of sleep at night by 1 or 2h, also known as sleep
restriction. In addition to reductions in hours slept, the quality of sleep may also be
disturbed. For example, sleep at layovers may be complicated by transient factors such as
unfamiliar or uncomfortable sleep environments, circadian disruptions, or situational stress.

• Extended Wakefulness

Drive for sleep is associated with length of wakefulness. This process results in sleepiness
and a need for sleep when the sleep pressure increases above a certain threshold, and
wakefulness when the sleep pressure decreases below a different threshold. A study by the
NTSB showed that crews with a longer time since awakening (TSA),13.8h for captains and
13.4h for first officers made 40% more errors than crews with a shorter TSA (5.3h for
captains and 5.2h for first officers;
• Circadian Phase

The circadian body-clock is a neural pacemaker in the brain that monitors day/night cycle
through ocular light input and determines the preference for sleeping at night. The period
during the circadian cycle when fatigue and sleepiness are greatest, and people are least
able to perform mental or physical work is called the window of circadian low (WOCL). This
period, when the levels of attention are lowest, usually occurs between 2 and 6AM, but there
are interindividual differences in timing. Another well-known period is the post-lunch dip
occurring between 2 and 4PM when attention levels and the threshold for sleep are again
low. This dip is followed by a period with high levels of alertness occurring between 4 and
8PM, and then by the “evening wake maintenance zone,” the couple of hours just before
one’s habitual bedtime, when it is very difficult to fall asleep.

These circadian rhythm disruptions can have a dual effect on cockpit performance. First,
they can reduce (cognitive) performance and alertness when flying, such as during the
WOCL, and second, they can lead to impaired sleep by displacement of sleep to the daytime
when sleep quantity and quality are restricted.
• Workload

The ICAO describes workload as “mental or physical” activity and identifies three
aspects of workload: the nature and amount of work to be done; time constraints; and
factors related to the performance capacity of an individual. Both high and low
workload situation may lead to reductions in performance, classified as active and
passive fatigue. High workload situations may exceed the capacity of the fatigued
individual due to the high mental effort demanded, whereas low workload situations
may lack sufficient stimulation which may unmask underlying sleepiness. The
consequences of high and low workload situations may differ: low workload more
commonly leads to less motivation and lower task engagement, whereas high workload
leads to more distress and may impair sleep after work, due to the need to “wind down”
Safe Flights!