Second Implementing Regulation on the operating rules applicable to aeronautical equipment (service, service, block and rest periods of crew members in air carriers and outside air carriers in the case of professional activity) (2) DV LuftBO)

Unofficial table of contents

2. DV LuftBO

Date of completion: 06.04.2009

Full quote:

" Second Regulation implementing the operating rules applicable to aeronautical equipment (service, service, block and rest periods of crew members in air carriers and outside air carriers in the case of professional activities) of 6 April 2009 (BAnz. 2009 No 56 p. 1327) "

Footnote

(+ + + Text proof: 16.4.2009 + + +) 

  

Unofficial table of contents

Input formula

On the basis of the first sentence of § 32 (1), first sentence, first sentence, third sentence, and third sentence, as well as paragraph 4, point 1, of the Air Transport Act, as amended by the notice of 10 May 2007 (BGBl. 698) in conjunction with § 56 of the Operating Regulations for Aviation Equipment of 4 March 1970 (BGBl. 262), as last amended by Article 1 (12) of the Regulation of 29 July 1998 (BGBl I). I p. 1989), the Federal Aviation Office (Bundesamt) is responsible for: Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Scope
§ 2	Definitions

Section 2obligations of the operator

§ 3	Determination of maximum service times, flight duty times, block times and rest periods
§ 4	Keeping records

Section 3Tuesdays and local days

§ 5	Service times
§ 6	Location Days

Section 4Flight Time

§ 7	Composition of flight duty time
§ 8	Permissible flight duty times of crew members
§ 9	Extension of flight duty time with increased crew
§ 10	Interrupted flight service time
§ 11	Early termination

Section 5Block Time, Positioning, Standby Time

§ 12	Block Time
§ 13	Positioning
§ 14	Standby Time

Section 6rest period

§ 15	Rest periods of the crew members
§ 16	Rest period-consideration of time zone differences
§ 17	Time overruns, reduction of rest periods

Section 7Exceptions

§ 18	Extension of flight duty time and reduction of rest period in special cases
§ 19	Exemptions for special flights
§ 20	Deviations in case of special loads

Section 8Differing arrangements for crew members used in rescue service helicopters

Section 21	Limitation of flight duty hours in helicopter rescue service
Section 22	Service periods and rest periods in the helicopter rescue service

Section 9Final provisions

Section 23	Transitional arrangements
§ 24	Entry into force, external force

Section 1
General provisions

Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to members of the crew on board a civil aircraft (crew members) who are engaged in civil aviation by a company established in the Federal Republic of Germany, with the exception of commercial carriage. Aircraft, used. The provisions of this Regulation shall apply to holders of aircraft employing professional crew members. (2) Where crew members are used for commercial carriage on aeroplanes, the following shall apply: in place of sections 2 to 24 of the provisions of Annex III to Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (OJ L 327, 22.12.1991, p. 4), as last amended by Commission Regulation (EC) No 859/2008 of 20 August 2008 (OJ L 378, 27.12.2008, p. 1) in conjunction with the First Implementing Regulation concerning the operating rules applicable to aeronautical equipment, as amended. (3) Where crew members within the scope of both this Regulation and Annex III of Regulation (EEC) No 3922/91, the hours worked within the scope of this Regulation shall be set off against the maximum values referred to in OPS 1.1100. Unofficial table of contents

§ 2 Definitions

(1) Service time is any period of time during which a crew member works on the basis of legislation, tariff and operational arrangements or procedures approved by the supervisory authority, available to the employer (2) A pause is a period of service which is free of all service obligations and is shorter than a rest period. (3) Flight duty time is the entire period during which a period of time is Person on an aircraft or flight practising device as crew member (4) Block time is the time between the first unrolling of an aircraft from its parking position for the purpose of starting up to a standstill at the assigned parking position with deposed engines. For helicopters, block time means the time between the first rotation of the rotor blades until the discontinuation and the subsequent standstill of the rotor. (5) Positioning is the carriage of a non-serving crew member from one location on the other hand, at the request of the operator. This does not include travel time. (6) Travel time is

1.

the time for the return journey between the place of residence and the home base;

2.

the time for the local transfer from the resting place to the place of service beginning and for the return journey.

(7) On-call time is a fixed period during which the crew member must keep the operator at the disposal of the operator in order to be used for a flight, positioning or other service without prior rest period (8) Time of rest is a continuous period of at least 10 hours, during which a crew member is exempt from any kind of service. (9) The daily rhythm of the day is between 2 o'clock and 6 o'clock. Within a range of three time zones, the daily rhythm-low refers to the time of the home base. In the case of more than three time zones difference, the daily rhythm-low during the first 48 hours after leaving the home base-time zone refers to the home base time and thereafter to the local time. (10) A local night is a period of eight hours. between 10 p.m. and 8 p.m. local time. (11) A local day is a 24-hour period that begins at 0 o'clock local time and which the crew members can spend on their home base.

Section 2
Obligations of the operator

Unofficial table of contents

§ 3 Definition of maximum service times, flight duty times, log times and rest periods

An operator shall establish, for all crew members, maximum service times, flight duty times and block times, as well as reasonable rest periods, which comply with the provisions of this Regulation. They must be recognised by the competent authority in accordance with § 61 of the Air Traffic-Approval-Order. (2) The operator must observe the relationship between the frequency and the length and sequence of flight duty times and rest periods. the cumulative effects of long service periods interrupted only by minimum rest periods shall be taken into account appropriately. (3) The operator shall plan the services in such a way as to ensure that undesirable practices such as alternate day and day Night service or the positioning of crew members in a way that a serious disturbance of established sleep and work cycles. (4) The operator has to ensure that the rest periods give the crew members sufficient time to deal with the effects of the previous (5) The operator must ensure that flight duty times are planned in such a way as to ensure that the crew remain free of fatigue. in order to serve their service in all circumstances with satisfactory to be able to exercise safety levels. Unofficial table of contents

§ 4 Guided tour of records

(1) The trader shall keep continuous records of the duty periods, flight duty times, including the time of the blockage, and rest periods of the crew members in a clear and verifiable manner. Records shall be kept for at least 15 months. Continuous records of periods other than service and rest periods may be authorised as records in accordance with the first sentence of the first sentence if, on the basis of the periods specified therein, an examination of the service and rest periods permitted by this Regulation is possible. The supervisory authority may waive the recording of rest periods if the periods of flight and the absence of any other service other than flight service are without doubt due to the continuing record of flight duty times and the absence of any other service. (2) Exceedances of the periods allowed under this Regulation shall be clearly indicated in the records or shall be indicated on a separate form. (3) Where a crew member is employed by a number of entrepreneurs, the members shall have to determine an entrepre for the recording of all times. The supervisory authority may designate an entreprer to do so.

Section 3
Service times and local days

Unofficial table of contents

§ 5 Service Hours

(1) The operator shall designate a place of origin to the crew member as a home base where the crew member shall regularly start and end a service or sequence of service hours, and in which the operator shall be in the (2) The maximum period of service allowed for calendar years is 2 000 hours. In the case of employment not all year round, the maximum service period shall be reduced proportionately. In addition, it should be distributed as evenly as possible over the year. (3) Paragraph 2 does not apply to self-employed people. Unofficial table of contents

§ 6 Ortstage

(1) Without prejudice to the statutory annual leave, the crew members shall receive local days, which shall be disclosed in advance. The local days may include the prescribed rest periods. No service or readiness shall be arranged on local days. (2) Per calendar month, at least seven local days shall be granted for each calendar year at least 96 local days. The entitlement to 96 local days in the calendar year shall be beyond the statutory annual leave. In the case of holidays, illness or part-time employment, the number of local days may be reduced proportionately. (3) Paragraphs 1 and 2 shall not apply to self-employed persons.

Section 4
Flight Service Time

Unofficial table of contents

§ 7 Composition of the flight duty period

(1) The flight service period shall comprise:

1.

the times for preparatory work from the ordered service of the flight service until the beginning of the block period, but at least half an hour,

2.

the block time,

3.

at least 15 minutes for final work after the end of the block period,

4.

the time spent in the flight training apparatus, including the periods for pre-and final work as referred to in points 1 and 3;

5.

the period of time to be counted as flight service in accordance with § 13 and § 14.

(2) If the actual times exceed the times used in the planning of the flight service, the actual times for determining the flight service period shall be taken into account. (3) If the planned start of the flight service period is new in the short term, where the crew member has been informed of the change in good time before the first flight service is scheduled to start, the date changed shall be considered to be the scheduled commencement of the flight service. Unofficial table of contents

§ 8 Permitted flight duty times of the crew members

(1) The full flight duty time of each crew member between two rest periods shall be ten hours. (2) Within seven consecutive days, a four-time extension of the flight service period referred to in paragraph 1 is up to four hours. , where the sum of these extensions shall not exceed eight hours. The period of seven consecutive days shall start at 0 a.m. local time of the home base of the first and shall end at midnight local time of the home base of the seventh day. (3) In the case of an aircraft driver who shall be present during the flight service period referred to in paragraph 1. in whole or in part without assistance by another flight crew member acting as an aircraft driver, paragraph 2 shall not apply. (4) The time of flight in the rhythm of the daily rhythm shall be that of the maximum permissible under paragraph 2 Time extension of four hours 100 per cent of the clash, but not more than two (5) Ends the time of flight in the rhythm of the day, or if it completely covers it, shall be deducted from the maximum period of four hours, as permitted by paragraph 2, 50 per cent of the overlap. (6) A one referred to in paragraphs 4 or 5 Reduced time extension is

1.

at more than three, but less than six landings for another hour,

2.

in more than five landings for another two hours

(7) If an extended flight service period starts in the time from 10 p.m. to 5 a.m. local time of the starting airfield, the operator has to limit the flight duty time to eleven hours and 45 minutes. (8) The flight duty times may be allowed within 30 days. consecutive days 210 hours, within a calendar year 1 800 hours not exceeding. Unofficial table of contents

§ 9 Extension of the flight duty time with increased crew

The supervisory authority may, on written request, allow a two-time extension of the flight service period in accordance with Article 8 (1) up to a maximum permitted flight duty time of 18 hours, within seven consecutive days, if the The minimum flight crew is increased and sleeping opportunities are provided in a room separated from the driver's room and the cabin, or another equivalent accommodation. Each flight crew member shall not be allowed to carry and operate an aircraft for more than 12 hours. Appropriate work breaks are to be provided for the cabin crew during the flight. For this purpose, rest seats are to be held. In addition, § 18 (3) and (4) shall apply accordingly. Unofficial table of contents

§ 10 Flight duty time

(1) If the flight duty period in accordance with § 8 (1) to (7) is interrupted by a break on the ground of at least three hours, the crew member shall be in a quietly located room during the break in the immediate vicinity of the airfield, with In the cases referred to in paragraph 1, if in the cases referred to in paragraph 1, the periods of service exceed the maximum permitted daily flight service times in accordance with Article 8 (1) to (7). The following measures shall apply:

1.

Each flight crew member shall not be allowed to carry and operate an aircraft for more than ten hours.

2.

Within the flight service no more than two landings may be planned after the break.

3.

No more than two flight services may be provided in accordance with paragraph 2 within seven consecutive days.

4.

The flight services referred to in paragraph 2 and § 9 shall not be provided within seven consecutive days.

(3) If the conditions laid down in § 15 (1) cannot be complied with in the case of an air service with interruption, a rest period of at least twelve hours shall be granted immediately after the end of the flight service. Unofficial table of contents

§ 11 Early termination

Where, due to special circumstances, an early fatigue has occurred among the crew members to an extent justifying doubts as to the further safe conduct of the flight, after hearing the persons concerned, the responsible person shall Aircraft drivers shall ensure an early termination of the flight service of the crew members.

Section 5
Block time, Positioning, Standby time

Unofficial table of contents

§ 12 Block Time

The block times of each crew member may not exceed 900 hours during a calendar year. Unofficial table of contents

§ 13 Positioning

The time spent on positioning is considered to be a service time. The positioning after the end of the rest period, but before the service on board is considered to be part of the flight service time, but is not counted as a flight cut. Unofficial table of contents

Section 14 On-call time

(1) On-call time shall be counted as flight duty time, if on-call time and flight duty time are not interrupted by a rest period in accordance with § 15, and

1.

either the crew member is not available to sleep in a quietly located room during the on-call time,

2.

or the crew member has a quietly situated space available during the time of call, but the time of call is less than two hours, unless the time of call is due to be followed by a Rest period.

(2) If the crew member provides a quietly located room with a sleeping opportunity, the time of rest can be considered as a break. (3) On-call time following a rest period in which the crew member in his/her own apartment or a corresponding accommodation in a place not determined by the entreprenter, may be credited as a rest period by the trader. The same applies to a corresponding stand-by time prior to a rest period.

Section 6
Rest period

Unofficial table of contents

§ 15 Rest periods of the crew members

(1) Within a 24-hour period, each crew member shall be granted a rest period of at least ten hours. A 24-hour period begins at the time when a rest period ends. The rest period shall be granted in the case of an air service of more than 14 hours immediately after the end of the flight service, in accordance with § 9, § 10 or § 18 (1). The crew member shall be transported from the place of use to his home base without taking into account the rest period. (2) The minimum rest period shall be based on a flight service extended in accordance with Article 8 (2) to (7), § 9, § 10 or § 18 (1) of more than 11 hours to 12 hours, from more than 12 hours to 14 hours, from more than 14 hours to 16 hours, and from more than 16 hours to 18 hours. (3) The operator shall ensure that the minimum rest period referred to in paragraph 1 and 2 regularly on a weekly rest period in the form of a 36-hour period, including between the end of a weekly rest period and the beginning of the next one no more than 168 hours. In the event of an important reason, the supervisory authority may, by way of derogation from the first sentence, stipulate that the second of those nights may commence at 8 p.m. if the weekly rest period has a duration of at least 40 hours. (4) For minimum rest periods outside of the home base, the operator must ensure that the possibility of eight hours of sleep is granted, taking into account the travel time and other physiological needs. The entrepellant has to provide for the provision of quietly situated rooms with a sleeping opportunity in the places outside the home base, where the crew members are to be granted a rest period. (5) The entrepellant has the crew members in writing, to refrain from activities which are contrary to the purpose of rest periods. Unofficial table of contents

§ 16 Rest period-consideration of time zone differences

If there is a time zone difference of four or more time zones between the place of entry of the service and the location of the termination of the flight service (place of use), the minimum rest period shall be increased to 14 hours, unless Article 15 (2) of the Regulation provides for a higher value. As soon as the time zone of the home base is reached in accordance with the flight services provided for in the first sentence, a rest period shall be granted after the first scheduled end of the flight service period, in accordance with the rates of sentences 4 and 5. A single flight cut within the time zone of the home base to the home base or a positioning to the home base may take place prior to the granting of this rest period. The rest period shall be calculated by multiplying the number eight by the time zone difference which exists between the home base and the place of use with the largest time zone difference to the home base. A time zone difference of more than twelve time zones is not to be taken into account. For the determination of the time zone difference, the winter time of the respective places of use must be based. Sentences 2 to 5 shall apply as a result of a return to the home base as a non-service crew member. Unofficial table of contents

§ 17 Time-outs, reduction of rest periods

(1) If for unforeseeable reasons the times according to § § 8, 9, 10, 15 and 16 are not complied with, the responsible aircraft driver shall decide, in consideration of all circumstances and after hearing the crew members concerned, about the Implementation of the flight. If unforeseen circumstances occur in the last flight sector within a flight service period following the launch, which result in an overshoot of the permissible extension, the flight may continue to the destination or to a spare aerodrome. (2) In the event of an excess of time referred to in paragraph 1, the entire period between the end of the preceding rest period and the beginning of the subsequent rest period shall be allowed for 16 hours, in the case of an air service extended in accordance with section 9, and in the case of a flight service pursuant to § 10 Service interrupted for 20 hours. If the flight crew consists of less than three members, the exceeding of the permitted flight duty period, which is foreseeable at the time of flight, shall not exceed two hours. (3) A reduction in rest periods shall be permitted only if this is the case. Compliance with the next scheduled start of flight service time is required. The rest period shall be reduced by a maximum of two hours. The minimum rest period of ten hours in accordance with § 15 (1) remains unaffected. (4) The commander has to record the reasons for his decision in writing. The operator of the supervisory authority shall be notified within 30 days of an excess of time or a reduction in the rest period of more than one hour, indicating the reasons for the decision to be taken in writing. Records shall be kept by the contractor for at least three months.

Section 7
Derogations

Unofficial table of contents

§ 18 Extension of the flight duty time and reduction of rest period in special cases

(1) The supervisory authority may, upon written request, allow deviations from the provisions of § § 8, 9, 10, 15 and 16 if there are important reasons for the extension of the flight service period or for the shortening of the rest period. The maximum permitted flight duty time may be extended by a maximum of two hours. The minimum rest periods can be reduced by a maximum of two hours. (2) Important reasons for the extension of the flight service period or for the reduction of the rest period may in particular be:

1.

the impenetrability of a flight on the basis of the prescribed flight service and rest periods and the lack of appropriate aerodroms for stopover,

2.

adverse effects on the overall burden on crew members on compliance with the prescribed flight service and rest periods,

3.

Disproportionately high additional costs for certain flights in compliance with the prescribed flight and rest periods.

(3) Extension of flight duty times or reductions in rest periods referred to in paragraph 1 shall be permitted only if the increased burden on the crew is balanced and a risk to the safety of air transport is excluded. (4) In the event of a review of the Application will be considered:

1.

the operating equipment and the state of the aircraft used;

2.

the composition of the crew and their flight, route and aerial vehicle design experience;

3.

the number of stopover landings;

4.

other factors influencing the loading of the crew.

(5) The deviations may be permitted in individual cases or in general, subject to conditions and may be limited in time. Unofficial table of contents

Section 19 Exceptions for special flights

(1) The supervisory authority may allow exceptions to the provisions of this Regulation for flights for the purpose of research, for work and competition flights, if:

1.

in compliance with the rules, the purpose of research, work or competition flights is at risk,

2.

the exceptions to flights without the carriage of persons, in the case of work and competition flights, are also limited to flights by visual flight rules;

3.

a threat to public safety and order is excluded.

(2) The exceptions may be granted on a case-by-case basis or in general, subject to conditions and are limited in time. Unofficial table of contents

§ 20 Deviations in case of special charges

Special charges shall arise, in particular because of:

1.

the operating equipment and its condition or the operating characteristics of the aircraft used;

2.

the use of crew members with low flight, route or aerial vehicle design experience;

3.

-difficult flight conditions, in particular on routes with missing or insufficient navigation aids, high levels of air traffic density or frequent bad weather,

4.

the use of new aircraft designs,

5.

the number of stopover landings;

the supervisory authority may, in the context of the recognition of the maximum flight duty time and appropriate rest periods to be determined by the entrepellant, lay down lower flight duty times or longer rest periods for crew members, as far as this is done the safety of air traffic is necessary.

Section 8
Divergent arrangements for crew members used in rescue service helicopters

Unofficial table of contents

Section 21 limitation of flight duty hours in helicopter rescue service

(1) On request, the supervisory authority for crew members who are used in rescue service helicopters may approve deviations from § 2 (9) and § 8, 10, 12 to 15 and 17 in accordance with the following paragraphs. These regulations apply only to flights in the rescue service and to the rescue service. (2) The block times for crews used in the rescue service may, by way of derogation from § 12 600 hours, be within 365 consecutive days of the rescue service. (3) By way of derogation from § 8 (2) to (7), the flight service may not exceed ten hours of flight duty between two rest periods. (4) The flight duty time and the time of call referred to in paragraph 6 may be between two rest periods in Deviation from § 10 is not more than 15 hours and 30 minutes. (5) The Flight duty times may not exceed 210 hours within 30 consecutive days, in deviation from § 8, paragraph 8, 1 800 hours within 12 consecutive months. (6) Stand-by is the time in which the Crew members at the air-rescue base are available for flight service. If the crew member has a quietly located room with sleeping facilities available, the standby time can be considered as a break. By way of derogation from § 14 (2), second sentence, on-call time of less than one hour between two sets of operations shall be counted as flight duty time. On-call time in which the crew member does not have a quietly located room with a sleeping opportunity, is to be counted fully as flight service time. (7) Due to special circumstances, an early safety-endangling fatigue of a The helicopter operator shall decide on an early termination of the on-call service. (8) If the maximum permitted flight service time is reached in accordance with paragraph 3, the helicopter leader shall decide, in accordance with the Circumstances relating to an extension of the flight service period. The extension of the flight duty period shall not exceed two hours, by way of derogation from § 17. (9) A rest period of at least twelve hours shall be granted after an air service period of more than eleven hours has been extended pursuant to paragraph 8. Unofficial table of contents

§ 22 Service periods and rest periods in the helicopter rescue service

(1) If the supervisory authority has approved deviating flight service times in accordance with § 21, it may approve deviations from § 2 (8) and § § 13 and 15 for these crew members in accordance with the following paragraphs. These rules shall apply only to emergency services and to the rescue service. (2) A period of service shall comprise at least two days and at most eight days at which air rescue services are provided. A period of service which contains a rest period of less than ten hours within 24 hours shall not exceed four days. The period of time within eight days shall not exceed 40 hours. (3) The rest period shall be up to three times within four consecutive days of eight hours, in derogation from § 2 (8) and § 15 during the legal summertime period. 30 minutes will be shortened within 24 hours. From this rest period, at least eight hours, which include the period between 0 o'clock local time and 5 o'clock local time, must be able to be spent in a quietly situated room with a sleeping opportunity in the vicinity of the place of use. (4) Before each period of service, each crew member must have followed a 24-hour continuous rest period. This period of rest may, by way of derogation from § 13, include positioning on a basis other than that of the air traffic control, provided that a rest period of at least ten hours prior to the service of the flight service is guaranteed. Otherwise, the time spent on positioning shall be counted as flight service time. (5) After each service period, the crew member shall be granted a cohesive rest period of 48 hours. In exceptional cases, the flight manager may reduce the continuous rest period to 36 hours with two nights. If the service period is less than three days, the rest period shall be reduced to 24 hours after the service period. (6) Necessary inspection flights may be part of a service period.

Section 9
Final provisions

Unofficial table of contents

Section 23 Transitional arrangements

For a period of six months after the entry into force of the Regulation, the Supervisory Authority may, upon request, authorise an entreponerable entrepre of any exceptions to § 8 (3) to (7), § 13 and § 15, provided that this is necessary for the execution of services or flights , which has been planned before the entry into force of the Regulation. Authorisation may be granted only if an increased burden on the crew is balanced and a risk to the safety of air transport is excluded. In the examination of the application, the measures of Section 18 (4) shall be taken into account accordingly. Unofficial table of contents

Section 24 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery.