Second Implementing Regulation To The Operation Order For Aviation Equipment (Service, Flight Service, Block - And Rest Periods Of Crew Members, Air Carriers And Carriers For Professional Activity)

Original Language Title: Zweite Durchführungsverordnung zur Betriebsordnung für Luftfahrtgerät (Dienst-, Flugdienst-, Block- und Ruhezeiten von Besatzungsmitgliedern in Luftfahrtunternehmen und außerhalb von Luftfahrtunternehmen bei berufsmäßiger Betätigung)

Read the untranslated law here: http://www.gesetze-im-internet.de/luftbodv_2_2009/BJNR505620009.html

Second implementing regulation to the operation order for aviation equipment (service, flight service, block - and rest periods of crew members, air carriers and carriers for professional activity) (2. DV LuftBO) 2 DV LuftBO Ausfertigung date: 06.04.2009 full quotation: "second implementing regulation to the operation order for aviation equipment (service, flight service, block - and rest periods of crew members, air carriers and carriers for professional activity) of April 6, 2009 (BAnz. 2009 No. 56 p. 1327) "footnote (+++ text detection from: 16.4.2009 +++) input formula on the basis of § 32 paragraph 1 sentence 1 number 1, paragraph 3 sentence 2 and 3 and paragraph 4 number 1 of the air transport act as amended by the notice of May 10, 2007 (BGBl. I p. 698) in conjunction with article 56 of the operational rules for aviation equipment by March 4, 1970 (BGBl. I p. 262)" , last by article 1 number 12 of the Decree of 29 July 1998 (BGBl. I S. 1989) is changed, decreed the Luftfahrt-Bundesamt: table of contents section 1 General provisions § 1 scope article 2 definitions section 2 obligations of the operator section 3 laying down maximum periods of service, flight time, block times and rest periods section 4 record keeping section 3 service times and location days section 5 Service § 6 place days section 4 flight time § 7 composition of flight time § 8 maximum flight time of crew members of section 9 extension of flight duty period at reinforced crew section 10 interrupted Flight time § 11 premature termination of section 5 block time, positioning, standby time § 12 block time § 13 positioning § 14 standby time section 6 rest periods section 15 rest periods of crew members section 16 rest - taking into account time zone differences § 17 timeouts, shortening of rest periods section 7 derogations article 18 extension of flight duty periods and shorten the rest periods in special cases § 19 exceptions for special flights article 20 deviations for special loads section 8 derogations for crew members , the helicopter rescue service service periods and rest periods in the helicopter rescue service section 9 used section 21 flight time limitations in the helicopter emergency medical services section 22 final provisions article 23 transitional arrangements article 24 entry into force, expiry of section 1 General provisions section 1 scope of application (1) this Regulation applies to members of the crew on board a civil aircraft (crew members), by a company based in the Federal Republic of Germany for the civil aviation, with the exception of commercial air transport aircraft , be used. Aircraft that employ professionally active crew members, the provisions of this Regulation shall apply for holder.
(2) if crew members used for the commercial transport aircraft, apply instead of sections 2 to 24 the provisions of annex III to Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in civil aviation (OJ L 373 of 31.12.1991, p. 4), as last amended by Regulation (EC) No 859 / 2008 of 20 August 2008 (OJ OJ L 254 of the 20.9.2008, p. 1) in conjunction with the first implementing regulation to the operation order for aviation equipment in their currently valid version.
(3) if crew members are used within the scope of this Regulation as well as of annex III to Regulation (EEC) No 3922/91, which are within the scope of this regulation to calculate service hours to the maximum referred to in OPS 1.1100.

Article 2 definitions (1) period of service is any period during which a crew member on the basis of legislation, works pay scale and operational rules or procedures approved by the authority, at the employer's disposal and performs his duties or duties.
(2) a break is a valid as service time period that is free from all duties obligations and shorter than a rest period.
(3) flight time is the total time span during which a person in an aircraft or flight training device as a crew member is active.
(4) block time is the time between the initial rolling off an aircraft from its parking position for the purpose of starting up to the stop on the assigned parking position with the engines. Block time means the time between the first time turning of the rotor blades to the weaning and the subsequent halt of the rotor for helicopters.
(5) positioning is the transport of not serving crew member from one place to another at the request of the operator. The travel time is excluded.
(6) travel time is the time for the outward and return journey between the place of residence and the home base 1.
2. the time for local transfer of the resting place to the place of beginning of service and for the return journey.
(7) standby time is a fixed period in which the crew member must adhere the operator available, for a flight, a positioning or for another service without previous rest to can be used.
(8) rest time is a uninterrupted period of at least ten hours, during which a crew member services of any kind is released.
(9) the day cycle low is the period between 2: 00 and 6: 00. Within a band of three time zones, the daily rhythm deep refers to home base time. For more than three time zones difference refers to the-low of rhythm of day during the first 48 hours after leaving the home base time zone home base time and then click the local time.
(10) a local night is eight hours between 10: 00 and 8 pm local time.
(11) a location tag is a period of 24 hours starting local time clock to 0 and the crew members on the home base can spend.
Section 2 obligations of the operator section 3 laying down maximum periods of service, flight time, block hours and rest periods (1) the operator has set for all crew members, maximum service times, flight time and block, as well as adequate rest periods, which correspond to the provisions of this regulation. You need the recognition by the competent body under section 61 of the air traffic licensing regulation.
(2) an operator has to keep in mind the relationship between the frequency and the length and sequence of flight duty periods and rest periods and adequately to take into account the cumulative effect of long service times, interrupted only by a minimum rest period.
(3) an operator has the services plan to avoid undesirable practices as alternating day and night service, or the positioning of crew members in a way that leads to a serious disruption of established living and working cycles.
(4) an operator shall ensure that rest periods give crew members sufficient time to recover from the effects of the previous service and to be well rested at the start of the following flight duty period.
(5) an operator shall ensure that the flight duty period be so planned that crew members can remain sufficiently fatigue free to exercise their service under all circumstances with a satisfactory level of safety.

§ 4 record keeping (1) the contractor has continuous records of the service times, flight time, including the block times and rest periods of crew members in the form of clear and approaches to lead. The records shall be kept at least 15 months. Continuous records of other times when flight duty times and rest periods can be admitted to the records pursuant to sentence 1, when checking the flight duty permissible under this regulation and rest periods is possible on the basis of the times listed therein. The supervisory authority may waive the recording of rest periods if the rest beyond any doubt arising from the continuous records of the flight time and the demonstrable lack of any other services out of flight service.
(2) exceeding the permissible times under this regulation are to identify clearly in the recordings or to specify on a separate form.
(3) If a crew member is employed by several entrepreneurs, have this an entrepreneur for the recording of all times to determine. The supervisory authority may designate a contractor to do so.
Section 3 service times and location days section 5 service times (1) an operator shall designate over the crew member a place as a home base, where the crew member regularly starts a service time or a series of periods of service and stops and where an operator not normally for the accommodation of the crew member concerned is responsible.
(2) the maximum quarterly service time is 2 000 hours. The maximum service time is not year-round employment in proportion to shorten. In addition, she should be distributed as evenly as possible throughout the year.
(3) paragraph 2 shall not apply to self-employed persons.

§ 6 place days
(1) without prejudice to the statutory annual leave get the crew members place days, which are to be known in advance. The place days can include the prescribed rest periods. Place days, no service and no willingness may be arranged.
(2) per calendar month, at least seven local days are to grant at least 96 local days in each calendar year. The 96 local days in the calendar year entitlement of statutory annual leave. During vacation, illness or part-time employment, place days may be reduced pro rata.
(3) paragraphs 1 and 2 do not apply to self-employed persons.
Section 4 flight time § 7 composition of the flight time (1) the flight time includes 1 the times for work of the ordered departure of flight service until the beginning of the block time, but at least half an hour, 2. block time, 3rd at least 15 minutes after the end of the block time for theses 4. that order in the flight training unit spent time including the time for preparatory and completion work according to paragraphs 1 and 3 , 5. the time that credit is section 13 and section 14 as a flight duty period.
(2) the actual hours exceed the times used in the planning of the air service, are the actual times to determine the flight time to approach to bring.
(3) the planned start of the flight time is set in the short term new, applies the modified time as scheduled beginning of flight time if the crew member has been in good time prior to the first scheduled air service by the change in knowledge.

§ 8 maximum flight time of crew members (1) the full flight time of each crew member between two rest periods is ten hours.
(2) within seven consecutive days a four-time extension of flight duty period is allowed up to four hours referred to in paragraph 1, whereby the sum of these extensions must not exceed eight hours. The period of seven consecutive days starts local time of the home base of the first clock at 0 and ends at 24 pm local time of the home base of the seventh day.
(3) in the case of a pilot in command, which becomes active part without support by another flight crew member as pilot in command during the flight duty period referred to in paragraph 1, paragraph 2 does not apply.
(4) begins the flight time in circadian rhythms low, 100 percent of overlap, will be deducted from the maximum referred to in paragraph 2 extension of time by four hours but no more than two hours.
(5) ends the flight time in the daily rhythm deep or includes it all, are the maximum referred to in paragraph 2 extension of time of four hours 50 percent of overlap deducted from.
(6) an extension of time reduced to paragraphs 4 or 5 is 1 when more than three but fewer than six landings by one more hour, to cut 2 more than five landings for another two hours.
(7) an extended flight duty period begins in the period from 22 to 5 P.m. local time of the main airfield, the operator has to limit flight service time at 11 hours and 45 minutes.
(8) the flight duty period shall not exceed 1 800 hours within 30 consecutive days of 210 hours within one calendar year.

§ 9 extension with reinforced crew flight time the supervisory authority may on written request allow a two-time extension of flight duty period according to article 8, paragraph 1, up to a maximum flight time of 18 hours in seven consecutive days, if the prescribed minimum crew is strengthened and sleeps in a room separated from the cockpit and the cabin or other equivalent accommodation available. Each flight crew member must this no longer than twelve hours an aircraft and operate. Adequate breaks must be provided for the flight attendant during the flight. For this purpose, rest seats are holding up. In addition article 18 paragraph 3 and 4 shall apply mutatis mutandis.

§ 10 interrupted flight time (1) interrupted the flight duty period planned according to § 8 paragraph 1 to 7 by a pause on the ground by at least three hours and a quiet room with sleeping accommodation available, is a crew member during the break in the immediate vicinity of the airfield, the continuous service time up to 18 hours may be extended.
(2) unless in cases of paragraph 1, the service times exceed the maximum daily flight duty period according to § 8 paragraph 1 to 7, following stipulations apply: 1. each flight crew member must no longer than ten hours result in an aircraft and operate.
2. within the air service to not more than two landings be scheduled after the break.
3. within seven consecutive days, no more than two air services may be made pursuant to paragraph 2.
4. air services may not within be made according to paragraph 2 and article 9 of seven consecutive days.
(3) can the conditions are not met at a flight services with interrupt according to article 15, paragraph 1, is a rest period of at least twelve hours immediately after completion of the flight service to grant.

§ 11 premature termination due to special circumstances when crew members a premature fatigue on a scale occurred, which justifies doubts about the additional secure flight after consulting the parties concerned, the pilot for a premature termination of the flight service of the crew members has to worry.
Block time which may block times of each crewmember 900 hours during a calendar year do not exceed section 5 block time, positioning, standby time § 12.

§ 13 positioning the time spent for the positioning is regarded as service time. The positioning after the end of the rest period, but prior to the service on board is considered part of the flight time, but is not counted as flight section.

Section 14 (1) standby time standby time is as to credit flight time, when break time and flight time by a rest period according to § 15 and 1 either a quiet room with sleeping accommodation available is the crew member during the standby time, 2nd or a crew member during the standby time is a quiet room with sleeping facilities available, the standby time is however less than two hours , unless the standby time is completed following a rest period.
(2) is a quiet room with sleeping accommodation available, the crew member, the standby time than pause can be seen.
(3) standby time after a rest period, in which the crew members in their own home or an appropriate accommodation in a place that is not determined by the contractor has opportunity to sleep, can be applied by the contractor as a rest period. The same applies to a corresponding standby time before a rest period.
Section 6 rest periods section 15 rest periods of crew members (1) within a 24-hour period is to give each Member of the crew a rest time of at least ten hours. A 24-hour period starting on the date on which a rest period ends. The rest period is one pursuant to § 9, extended flight time of more than 14 hours immediately after completion of the flight service to grant article 10 or article 18, paragraph 1. A promotion of the crew member from the site at its home base without credit to the rest period is allowed.
(2) the minimum hours of rest is according to a according to § 8 paragraph 2 to 7, to increase extended flight service by more than eleven hours § 9, § 10 or § 18 paragraph 1 on 12 hours, more than 12 hours to 14 hours, more than 14 hours to 16 hours and more than 16 hours to 18 hours.
(3) an operator must ensure that the minimum rest period is extended according to paragraphs 1 and 2 regularly on a weekly rest period in the form of a 36-hour period including two local nights in such a way, that there are not more than 168 hours between the end of a weekly rest period and the beginning of the next. If there is an important reason the supervisory authority can set by way of derogation from sentence 1, that the second of those local nights at 20: 00 may start if the weekly rest period has a duration of at least 40 hours.
(4) for minimum rest periods outside the home base operator must ensure that the opportunity provided by eight hours of sleep, taking into account travel time and other physiological needs. The operator has at places outside the home base where a rest period to grant is the crew members for the provision of quiet rooms to sleep.
(5) the operator has to instruct the crew in writing, to refrain from activities which conflict with the purpose of the rest period during the rest period.

§ 16 peace time - taking into account time zone differences
Is a time zone difference of four or more time zones, between the place of commencement of the air service and the place of the termination of the flight service (location) the minimum rest periods increased to 14 hours, where does not apply pursuant to article 15, paragraph 2 a higher value. Once the home base time zone is reached after air services pursuant to sentence 1, a rest period is after the first scheduled flight time in accordance with the rates of 4 and 5 to grant. A single flight segment within the time zone of the home base to the home base or a positioning to the home base may take place here before granting this rest period. The rest period is eight with the time zone difference exists between the home base and the site with the largest time zone difference to the home base, calculated by multiplying the number. A time zone difference of more than twelve time zones is not to take into account. For the determination of the time zone difference, the winter time of the respective locations is to be based. The sentences 2 to 5 shall apply for a return to the home base as not a second member of the crew.

§ 17 timeouts, shortening of rest periods (1) can the times according to §§ 8, 9, 10, 15 and 16 are not met due to unforeseen reasons, decides the pilot under consideration of all the circumstances and after consultation with the affected crew members on the flight. Unforeseen circumstances occur during the last flight sector within a flight duty period after the start, which lead to exceeding the allowable extension, the flight to the aerodrome of destination or to an alternate aerodrome can be continued.
(2) If a timeout referred to in paragraph 1 the total time between the end of the previous rest period and the beginning of the subsequent rest period of 16 hours, a flight service that is extended pursuant to section 9, as well as a flight service interrupted pursuant to § 10 20 hours must not exceed. The flight crew consists of fewer than three members, the foreseeable at the time of flight exceeding the allowable flight duty period must not exceed no more than two hours.
(3) a shortening of rest periods is permitted only if this is necessary to comply with the next scheduled start of flight time. The rest period may be reduced up to two hours. The minimum rest period of 10 hours according to § 15 para 1 shall remain unaffected.
(4) the Commander has the reasons for its decision in writing to record. A timeout or a shortening of rest period of more than an hour has the entrepreneur of the supervisory authority within days 30, stating the reasons in writing. The records are for at least three months to be kept by the contractor.
Section 7 derogations article 18 extension of flight duty periods and shorten the rest periods in special cases (1) the supervisory authority may upon written request deviations from the provisions of sections 8, 9, 10, 15 and 16 admit, if there are important reasons for the extension of flight duty periods, or for reducing the rest period. The maximum flight duty period may be extended up to two hours. The minimum rest period can be shortened up to two hours.
(2) important reasons for the extension of flight duty periods, or for reducing the rest period can in particular be: 1. unenforceability of the flight on the basis of the prescribed flight duty and rest periods and the lack of suitable airfields for stop-overs, 2. an adverse effect on the overall load of crew members in compliance with the prescribed flight service and rest periods, 3. disproportionately high overhead for certain flights in compliance with the prescribed flight duty and rest periods.
(3) extension of flight duty period or shortening of the rest periods referred to in paragraph 1 are allowed only if is compensated for the increased burden of the occupation and a danger to the security of air transport is excluded.
(4) in the case of examination of the application to be considered: 1 the operating equipment and the condition of the used aircraft, 2. the composition of the crew and their flight, route and aircraft pattern experience, 3. the number the burden of occupation factors of stopovers, 4. other.
(5) the deviations can be allowed in particular cases or generally, associated with conditions and limited.

Exceptions for special flights (1) the supervisory authority § 19 may for flights for the purposes of research, labour and competition flights allow exceptions to the provisions of this regulation, if: 1. in compliance with the regulations the purpose of the research, work or competition flights is at risk, 2. the exceptions to flights without the transport of persons, labour and competition flights in addition to visual flight rules flights be confined , 3. a threat to public safety and order is from.
(2) the exceptions can be approved in individual cases or generally, associated with conditions and limited.

Article 20 deviations for special loads occur, special loads in particular because 1 the operating equipment and their State or the operating characteristics of used aircraft, 2. the use by crew members with low flight, distance, or air vehicle pattern experience, 3 difficult flight operations especially on routes with missing or inadequate navigational aids, high air traffic density or frequent bad weather, 4. the use of new aircraft types, 5 the number of stopovers, the supervisory authority in the context of recognition to be determined by the operator maximum flight time and adequate rest periods can lower flight duty period or longer Set rest periods for crew members, as far as this is necessary for reasons of safety of air transport.
Section 8 derogations for crew members, which are used in helicopters of the emergency service section 21 can limit flight time in the helicopter emergency medical services (1) at the request of the supervisory authority for crew members, which are used in helicopters of the rescue service, authorize derogations from article 2 paragraph 9 and the sections 8, 10, 12 to 15 and 17 in accordance with the following paragraphs. These regulations apply only to flights in the emergency medical services and ensuring of the ambulance service.
(2) the block times for crews, used in the rescue service may not exceed in deviation from § 12 600 hours within 365 consecutive days.
(3) the flight service must not exceed no more than ten hours of flight time by way of derogation from § 8 paragraph 2 to 7 between two rest periods.
(4) flight time and standby time pursuant to paragraph 6 shall be not less than 15 hours and 30 minutes between two rest periods in deviation from § 10.
(5) the flight duty period may not exceed in derogation to article 8 paragraph 8 within 30 consecutive days of consecutive 210 hours, months 1 800 hours within twelve.
(6) standby time is the time in which crew members at the air rescue base to the flight service provides. The crew member is a quiet room with sleeping accommodation available, the standby time than pause can be seen. Standby times of less than one hour duration between two missions are in deviation from § 14 paragraph 2 sentence 2 in as a flight duty period credit. Standby time in a quiet room with sleeping accommodation available crew says is full as to calculate flight time.
(7) the helicopter guide about a premature termination of the call has a premature malicious fatigue of a crew member has occurred due to special circumstances, to decide.
(8) the maximum flight time is reached pursuant to paragraph 3, the helicopter guide in weighing up the circumstances decides on an extension of flight duty period. The extension of flight duty period may not exceed two hours in deviation from article 17.
(9) after a flight duty period extended on the basis of paragraph 8 by more than eleven hours is to provide a rest period of at least twelve hours.

Article 22 service periods and rest periods in the helicopter emergency medical services (1) provided that the supervisory authority has approved different flight duty period according to § 21, can for these crew members in accordance with the following paragraphs approve derogations from article 2 paragraph 8 and the sections 13 and 15. These regulations apply only to flights in the emergency medical services and ensuring of the ambulance service.
(2) a period of service includes at least two and not more than eight days in which air rescue service is provided. A period of service that includes a rest period of less than ten hours in any 24 hour, must be no more than four days. The block time of eight days must not exceed no more than 40 hours.
(3) the rest period may be in derogation to article 2, paragraph 8 and article 15 during the legal summer time up to three times within four of the following consecutive days to eight hours and 30 minutes within 24 hours shortened. This rest period must be at least eight hours, that watch include the period between 0 local time and 5 pm local time, spent in a quiet room with sleeping facilities in the vicinity of the installation site can be.
(4) prior to each service period, each crew member must have maintained a continuous rest period of 24 hours. This rest period may contain the positioning to another air rescue base as a rule air rescue base in deviation from § 13 if ensures a rest period of at least ten hours prior to the flight service. Otherwise, the time spent for the positioning is fully as to calculate flight time.
(5) after each period of service, a continuous rest period of 48 hours is the crew member to provide. In exceptional cases, the flight operations manager can shorten the uninterrupted period of rest to 36 hours with two nights. If the service period is shorter than three days, the rest period shortens after the service period to 24 hours.
(6) necessary verification flights can be part of a service period.
Section 9 final provisions article 23 transitional provisions for a period of six months after the entry into force of the regulation can the supervisory authority a contractor on request exceptions to article 8 paragraph 3 to 7, article 13 and article 15 approve, unless this is necessary for carrying out services or flights that have been scheduled prior to entry into force of the regulation. A permit may only be issued if an increased burden of occupation is balanced and a danger to the security of air transport is excluded. When examining the application, the requirements of section 18, paragraph 4 are appropriately taken into account.

Article 24 entry into force, expiry this regulation enter into force on the day after the announcement.