Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Considering the Convention on International Civil Aviation of 7 December 1944, published by the Decree No. 47-974 of 31 May 1947, together with the protocols that amended it, including the Protocol of 30 September 1977 concerning the authentic quadrilingual text of the Convention, published by the Decree No. 2007-1027 of 15 June 2007 ;
Having regard to amended Regulation (EEC) No. 3922/91 on the harmonization of technical rules and administrative procedures in the field of civil aviation, including Articles 8 and 8 bis;
Considering the Civil Aviation Code;
In light of the amended decision of 12 May 1997 on the technical conditions for the operation of aeroplanes by a public air carrier (OPS 1),
Stop it!
Terminology.
For the purposes of this Order, it shall be called:
1. Subpart Q: Subpart Q of Schedule III to Regulation (EEC) No. 3922 referred to;
2. "Emergency medical flight": a flight whose purpose is to facilitate emergency medical assistance, when immediate and rapid transportation is essential, by transporting:
(i) medical personnel,
(ii) or medical supplies (equipment, blood, organs, medicines),
(iii) or persons who are sick or injured and others who are directly concerned.
For the purposes of item 1.1 "Mono-pilot and emergency medical flights" of paragraph OPS 1.1105 "Maximum daily flight service time (VTS)", the following provisions apply:
In accordance with item 1.1, the provisions of PAHO 1.1105 do not apply to single-pilot flights or emergency medical flights.
1. For monopilot operations:
1.1. The provisions of PAHO 1.1105 apply, with the exception of points 1.1 and 3;
1.2. In addition, in IFR or at night, the sum of the flight time holds no more than 6 hours and the maximum hold time of the steps is equal to:
(a) Four hours if the aircraft is equipped with a full automatic pilot in good working condition;
(b) Two hours in other cases.
2. For emergency medical flights, the provisions of PAHO 1.1105 apply, with the exception of items 1.1, 3 and 4.
For the purposes of paragraph OPS 1.1105, item 6, "Prolonged Flight Service Time (Party Service), the following provisions apply:
A TSV with a break may be extended under the following conditions:
(a) The duration of the break is between 3 and 10 hours continuously;
(b) At least 48 hours have elapsed since the arrival of each crew member in the time zone from the point of departure of the split service, if a previous flight service has removed it from more than three time zones from its departure point;
(c) The TSV exceeds the maximum daily TSV of less than half the duration of the 30-minute minor break: TSVSF ̧ TSVmax + 1/2(pause ― 30 min) ;
(d) The operator shall make available to the crew:
(i) if the break is included in a stopover time of less than 6 hours, a quiet and comfortable place, to which the public has no access;
(ii) if the pause is included in a stopover time of 6 hours or more, a room, except exceptional and ad hoc circumstances.
In addition, when the break is taken on the ground plane, the operator ensures that:
(iii) the minimum noise, temperature, light and ventilation conditions are included in the operating manual;
(iv) the crew may control the temperature and ventilation inside the aircraft;
(v) the operations related to the commercial and technical implementation of the aircraft do not interfere with the crew's rest during the break; the maximum extension of the TSV is reduced by half of the duration of these operations;
(vi) and no passenger is on board;
(e) The operator ensures that airborne personnel have the opportunity to recover and de-alter during the break;
(f) The operator sets up a fatigue risk management system (SMS-RF).
For the purposes of paragraph OPS 1.1110, "Time Lag offset compensation" the following provisions apply:
(a) Minimum stay before a flight service time beginning outside the assignment base:
At the end of a flight service that removes the crew from more than three time zones from the departure point of this flight service, or if it is a extended flight service time under paragraph OPS 1.1115, the rest provided for in paragraph OPS 1.1110, item 1.2, must be at least as long as the previous service time and not less than 14 hours.
(b) Minimum stay before a flight service time beginning at the base of duty:
(i) at the end of a series of flight services, at least one of which has a stage of more than 3,000 nautical miles (NM) or distances the crew from more than three time zones, the rest time provided for in paragraph OPS 1.1110, point 1.1, upon return to the assignment base shall not be less than 36 hours, including two local nights;
(ii) at the end of a extended flight service time under paragraph OPS 1.1115, the rest time provided for in paragraph OPS 1.1110, item 1.1, upon return to the assignment base shall not be less than 48 hours, including two local nights.
For the purposes of paragraph OPS 1.1110, "Reduced Repos" point 1.4.1, the following provisions apply:
(a) A reduced rest can only be granted by the authority when:
- the flight services do not have flights of more than 3 hours to hold; and
― the service does not detract the crew member from more than two time zones from its assignment base;
(b) For the purposes of this section, the difference between the minimum rest time provided for in paragraph 1.2. of PAHO 1.1110 and the scheduled reduced rest time is referred to as "insufficient";
(c) Authority approval is subject to compliance by the operator with the following provisions:
1. Reduced rest:
1.1. The scheduled rest time is not less than 7:30, of which at least 2 hours are included in the lower phase of the circadian rhythm;
1.2. The operator does not program more than two rests reduced between two 36-hour rest periods, including two local nights each;
1.3. The number of steps in service before a reduced rest is not more than five. The number of steps in service after a reduced rest is not more than three;
1.4. The maximum daily TSV following a reduced rest is shortened by insufficiency;
1.5. After a reduced rest and the flight service that follows, the rest time before undertaking a new flight service time is mandatoryly greater or equal to the minimum rest time specified in 1 of paragraph OPS 1.1110 elongated with insufficiency. It includes a local night;
1.6. When rest is taken at the assignment base, it cannot be reduced;
1.7. The provisions of paragraphs of PAHO 1.1120 "Unforeseen circumstances during actual flight operations ―discretionary power of the captain" cannot, within the framework of this section, have the effect of reducing the reduced rest time below 7:30 effective;
1.8. The operator ensures that airborne personnel have the opportunity to recover and de-alter themselves in accordance with PAHO 1.1130.
2. Reduced after a split service:
2.1. In addition to complying with the provisions of point 1 and the provisions relating to the split service set out in article 3 of this Order, a prolonged TSV with a pause may be followed by a reduced rest only if:
(i) the duration of the break exceeds 4 hours continuously;
(ii) the crew shall operate on a maximum of four stages;
(iii) the following flight service has only one step.
3. In both cases, the operator must establish a fatigue risk management system (SMS-RF).
4. A split service cannot immediately follow a reduced rest.
For the purposes of paragraph 2.1. Weekly rest time – beginning of the second local night » of paragraph OPS 1.1110, the following provisions apply:
The second of these local nights can start at 20 hours if the weekly rest time is at least 40 hours. However, the use of this faculty is limited to twice per 28-day period per crew member.
For the purposes of paragraph OPS 1.1115 "Extension of flight service time due to flight rest time", the following provisions apply:
The operator may extend a flight service time due to a flight rest time under the following conditions:
1.1. Driving crew:
1.1.1. When the operator makes available to flight crew members separate rest facilities from the cockpit and isolated from passengers and the flight crew is increased by an appropriately qualified reinforcement pilot, the maximum flight service time is increased to:
(a) 16 hours if the ease of rest is a reclining seat and the number of steps in the flight service is not more than four; from the third stage, it is reduced by 30 minutes per step;
(b) 18 hours if the ease of rest is a bunk and the number of stages of the flight service is not more than two.
1.1.2. Over the course of 18 hours, the flight service time can only be extended by specific authorization of the authority; accompanying measures must include at least the duplication of the full flight crew, a sufficient number of berths and the establishment of a fatigue risk management system (SMS-RF).
1.1.3. Each flight crew member must be able to rest for at least 1 h 30 continuous during the flight service time.
1.2. Cabin crew:
1.2.1. When the operator makes available to cabin crew members isolated passenger rest facilities, the maximum flight service time shall be:
(a) 16 hours if the ease of rest is a reclining seat and the number of steps in the flight service is not more than four; from the third stage, it is reduced by 30 minutes per step;
(b) More than 16 hours if the ease of rest consists of a bunk and the number of stages of the flight service is not more than two.
1.2.2. The operator defines in its operating manual the number of minimum cabin crew members on duty for each flight phase.
1.2.3. Each cabin crew member must be able to rest for at least 1 h 30 continuous during the flight service time. The distribution of work and rest periods shall be programmed and specified in the operating manual.
For the purposes of points 1.3 and 1.4 "Reserve at the airport" of paragraph OPS 1.1125 and for the purposes of paragraph 1.4 "Service" of paragraph OPS 1.1095 "Definitions", the following provisions apply:
(a) Any reserve in a place where the aircrew is required to present itself is a reserve at the airport;
(b) The maximum reserve time at the airport is 12 hours;
(c) When the reserve at the airport is immediately followed by a flight service, the reserve time at the airport is added to the service period referred to in PAHO 1.1110 to points 1.1 and 1.2 for the purpose of calculating the minimum rest time;
(d) Beyond the first 6 hours of reserve at the airport, the maximum allowable flight service time is reduced from the reserve time that exceeds 6 hours;
(e) When the reserve at the airport does not lead to an assignment to a flight service, it must be followed by a rest time of a minimum of 11 hours.
For the purposes of item 2.1 "Other reservations" in paragraph OPS 1.1125 and for the purposes of item 1.4 "Service" in paragraph OPS 1.1095 "Definitions", the following provisions apply:
2.1. The operator shall comply with the following provisions:
2.1.1. Any reserve activity must be listed in the service table or notified in advance;
2.1.2. The time at which the reservation begins and the time at which it ends are fixed and communicated in advance;
2.1.3. Any reservation occurring elsewhere than in a place where the navigating personnel are required to present themselves is a breach;
2.1.4. The maximum duration of any interference is 24 hours;
2.1.5. When the reserve time consists of a stay, it is without effect on the flight service time assigned in the reserve;
2.1.6. When the reserve time consists of a stay, it is not effective on the count of the cumulative hours of service referred to in paragraph OPS 1.1100.
The Order of May 2, 2007 amending the above-mentioned Order of May 12, 1997 is repealed effective July 16, 2008.
This Order is applicable on 16 July 2008.
The Director General of Civil Aviation is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, March 25, 2008.
For the Minister and by delegation:
Director General
Civil Aviation,
P. Gandil
