Regulations on working time with more crew members in civil aircraft (BSL D 2-4) date FOR-2004-12-30-1817 Ministry Ministry of transportation Published in 2004 booklet 17 (Guidance) entry into force 01.05.2005 last edited by-2016-07-01-871 Change FOR-2002-07-02-767 apply to Norway Pursuant LAW-2005-06-17-62-section 1-2, FOR-1986-02-21-540-section 8, FOR-2004-01-21-283, LAW-1993-06-11-101-1, section 5-FOR-1999-12-10-1273 Announced 05.01.2005 short title regulations on working time in civil aviation Chapter overview: main part of the Guide to the regulations of BSL D 2-4, yellow pages legal authority : Set by the CAA 30. December 2004 with the legal authority of the Act 4. February 1977 Nr. 4 about the worker protection and working environment, etc. § 2 No. 4, cf. regulation 21. February 1986 No. 540 on worker protection and the working environment, etc., for the civil aviation section 8 the second paragraph, cf.. the delegation decision 21. January 2004 No. 1. 283, and allowed 11. June 1993 No. 101 about aviation (Aviation Act) section 5-1, jf. the delegation decision 10. December 1999 Nr. 1273. Added title: law 17. June 2005 Nr. 62 for a work environment, working time and employment etc. (the Working Environment Act) § 1-2 other paragraph, LITRA b. Eea referrals: the EEA Agreement annex XIII Nr. 32 c (Directive 2000/79/EC).
Changes: modified by regulation 1 July 2016 Nr. 871. section 1. Purpose Forskriftens purpose is to contribute to a good working environment for crew members of aircraft and protect the individual's safety and health.

§ 2. Scope the regulation applies to work performed by crew members who are serving at the Norwegian aviation company which operates commercial aviation, Forskriftens section 4 and section 5 does not apply the aviation business covered by the working and rest time rules in Regulation (EU) No. 965/2012 attachments (annex) III, chapter FTL, implemented in regulations 7. August 2013 No. 956 about aviation operations.

§ 3. (1) the definitions in this regulation is meant by: working time: the time the crew member is at your disposal for the aviation company.
Base: place/aviation plant where the crew member starts and ends the work. The home base is the base where the crew member normally starts and ends the work, and where the company does not have aviation liability for accommodation.
Emergency service: period when the crew member is obliged to keep them ready for serving.
Crew member: a person who is an employee of either, hired to or designated by an aviation companies to do work with significance for air operations during the vessel's flight.
Blokktid: the time from an aircraft leaves the parking lot before departure to the time it stops to park and all progress engines are turned off. Free day: local day when the crew member is not at the disposal of the aviation company.
Free time: The time the crew member is not at the disposal of the aviation company.
Local day: A 24-hour period that starts at. 0000 local time.
Statutory resting time: rest time as is required in or under the legal authority of the aviation law.

§ 4. Annual working time (1) the Annual working time shall not exceed 2000 hours, including emergency service converted to working time. Block time is the maximum amount to 900 hours.

(2) the work to be distributed as evenly as possible over the year.

§ 5. The calculation of working time (1) Service on board the aircraft and associated with the first and last work, simulator training, training, and any other administrative tasks are considered full working hours. The same applies to pauses that must wound up outside the satisfying break rooms and possibly during the execution of the service.

(2) Emergency service outside the base to be considered at least 20% working time and on the base that at least 50% working time.

section 6. Work schedules (1) Aviation entity shall together with crew members or representatives of these design work schedules that show each crew member working time and free time of at least four weeks.

(2) the plans should be set up as early as possible, and to be made known to the individual crew member no later than two weeks prior to implementation. After this time can not be changed nonworking days without the consent of the crew member.

(3) Crew Member shall in all cases be addressed in advance about the following during the holidays;

a) at least seven days in the calendar month on the home base b) at least 96 days in the calendar year at the home base.

section 7. Breaks (1) when the total working time exceeding 5.5 hours a day to crew member have at least one rest break. At work in more than eight hours a day to total break time be at least 30 minutes. New break of at least 30 minutes to be wound up when working time exceeds ten hours a day.

(2) when the liquidation of the ordinary rule out the work breaks to aviation entity still let the crew member eat, also on board in the air vessel.

(3) the shut down of breaks should be described in the aerospace company's operation manual. Before the arrangement for the liquidation of the company is determined to aviation breaks discuss the scheme with crew members or with elected officials representatives. The requirement for discussion also apply to changes in the scheme for the liquidation of the breaks.

section 8. Long term rest (1) Crew Member has the right to resolve long-term statutory rest on the home base.

(2) Aviation company and crew members or representatives of these can written agreement that parts of the long time rest can wound up from different base than the home base. The definition of local day shall still apply.

§ 9. Health surveys (1) Crew Member has the right to free health examination before employment starts, and the page regularly as long as this lasts.

(2) Surveys can be replaced and/or be combined with mandatory health checks to maintain certificate rights that affect the employment relationship.

§ 10. Deviation and agreements (1) Forskriftens rules on minimum breaks and maximum limits for the annual working time and blokktid can not avvikes by agreement.

(2) Aviation company and crew members or representatives of these may enter into written agreements as set out in this regulation and whether the other conditions as far as crew members ' health and safety are maintained at as good a way as in the regulations.

section 11. Supervision and Regulation (1) the CAA oversees the implementation of the provisions.

(2) the civil aviation can in special cases, dispense from these regulations as far as it is compatible with Directive 2000/79/EC.

§ 12. Entry into force this Regulation shall enter into force 1. May 2005. From the same time repealed regulations 2. July 2002 No. 767 for a work time for flying personnel (BSL D 2-4).

Guide to the regulations of BSL D 2-4, yellow pages to the section 1 Purpose Forskriftens purpose is to contribute to a good working environment and protect the health and safety of people who work as crew members on board civil aircraft. The key word here is social welfare for workers. Under the legal authority of the aviation law has regulations on a plane the security aspect.
These regulations implement Directive 2000/79/EC, 27. November 2000 on the Organization of working time of mobile staff in civil aviation. Working Environment Act Chapter X of working time does not apply for flying personnel, and BSL D 2-4 should therefore ensure that crew members are maintained in line with other professions.

To § 2 scope the regulation applies in all civil pecuniary aviation operated by companies with license/AOC and/or operating permit issued by the Norwegian civil aviation authority, IE. The CAA.
The second paragraph is designed to refine the regulation towards the Pan-European working and rest time rules in Regulation (EU) No. 965/2012 in annex (Annex) II, chapter (subpart) FTL, which applies to commercial air transport by air. This is done by the forskriftens section 4 and section 5, which contains rules that are deemed to conflict with the FTL rules in regulation 965/2012, no longer will be to apply to the aviation business that is regulated by these FTL-the rules of the regulation. The remaining provisions of the BSL D 2-4, which are considered to ensure the social/work environmental conditions, shall, however, continue to apply also for commercial air transportation by air.

To section 3 Definitions "working time" be attached in accordance with the Working Environment Act, section 46 to the phrase "at the disposal of the employer". In this lies the period between required attendance time before service and these resignations from this, including breaks that need to be taken outside of satisfying break rooms and if applicable, under the service, such as on board the aircraft.
The term covers all the time spent on work related to the actual flight both on board the vessel and on the ground, and, moreover, any administrative tasks and necessary/required training and training. Time used to attend to tasks such as safety representatives and Union official is considered as well. In addition, all forms of emergency service.
The opposite is "free time" the time crew member is not at the disposal of the employer, including all the rest periods.
The base is the place/aviation plant where the crew member starts and ends the work, that is, that in the working life in General is referred to as "the working place/Office/job". In the contract is determined that the base which is the crew member's home base, IE. the base he or she normally work out, let me know. The distinction between "on base" and outside the base "is important in relation to the calculation of emergency service, while the term" home base "is getting importance considering how/from what starting point crew member has the right to get discontinued free days.
Under the "emergency service" is tried as a starting point is not in the works, but he or she must be available for the employer who may call at any time to the service.

Emergency service can wound up in different ways and places, depending on how quickly the crew member if necessary, set up with the employer. This is also the background for that conversion from emergency service to the requirements of ordinary working time partly have to depend on the concrete conditions. Emergency service on the base should still count as at least 50% working time, and that at least 20% working time outside the base. The last is known in the working environment act as "hjemmevakt". The central issue is not, however, about the crew member physically are at home, but that the service can be performed under "hjemmeliknende relationship", IE. without a physical connection to the base.
The definition of "crew member" refining when the rules in this regulation should turn into. The definition is made independent of the labour relations Association crew member has to the aviation company. By leaving the definition also include personnel who also be appointed to serve on board the aircraft, be harmonised definition with the corresponding definitions in the Regulation (EU) No. 965/2012 and ICAO annex 6.
"Blokktid" is defined so that the closing time covers parking both at the designated place and where it otherwise is outside the ordinary landing place during missions by helicopter.

To section 4 annual work time Maximum limit for annual work time and blokktid are taken from Directive 2000/79/EC, and applies even if the work is performed for several aviation companies. Holiday in accordance with the rules of the law nor can holiday not be replaced by financial compensation unless it is about the termination of the employment relationship. Limits are set for the sake of the individual's health, safety and the working environment in General, and may not be exceeded.
The aforementioned considerations are also the basis for the rule that the work to be distributed as evenly as possible over the year. Some types of flight can still only be performed certain parts of the year, such as during periods without snow, and it is therefore necessary to adapt the service to seasonal fluctuations. Aviation company and crew members ' representatives must take the annual distribution of working hours into consideration during the design of the work plans.

To section 5 the calculation of working time working time is mentioned the time crew member is available for Aviation Enterprise, and extends from the required attendance point to the moment the crew member actually are exempt from service. As working time is considered also breaks that must be taken during the work, possibly on board the aircraft. In addition, emergency service.
Forskriftens rule calculation of emergency service outside the base has the headwaters of the Working Environment Act, section 46 that says that the emergency service in the home, so called "hjemmevakt", to count that at least 20% working time. The law has no similar express service for emergency minimum limit on the work site. The framework to extend working hours by such a contingency service is, however, narrow, and it is assumed that the load is significantly greater than at hjemmevakt. Forskriftens calculation rule for emergency service captures this difference. Within the aviation emergency service can also vary widely, and it is not excluded that in certain cases it should count as full working time. This needs to be considered based on the specific situation. Therefore, it is not set any upper limit on how much emergency service should count.

To § 6 work schedules the requirement that it should be released work schedules must be seen in the context of section 4 of the long time rest and crew member's right to prior information about the holidays. The work plans should be designed so that each crew member can easily acquire the overview of both working days and holidays for at least four weeks ahead.
The responsibility for preparing the plans lies with the Aviation Enterprise, but crew members to contribute through their representatives and be heard during the preparation. The plans should facilitate that crew members are not exposed to unnecessary charges and that the consideration of the individual's health, security and social welfare are taken care of.
It is also important that free time is organized so that the possibilities for family life and social activities are the best possible. This provision shall also ensure that the crew member gets the list of free days and free periods in good time in advance.

To section 7 Breaks the description of the scheme for the liquidation of the breaks should specify when and where the breaks are to be included, how long they are going to be and possibly about eating to happen on fixed or optional point. The description should also deal with situations when eating breaks must wound up under the service and, optionally, on board the aircraft, so that the crew member still getting so big relief as possible during the meal.

To section 8 Long time rest Provision deals with the shut down of long term rest, and to ensure that parts of this do not go away in the shuttle that are actually needed for termination or initiation of service outside the home base. In this context, the need to work is considered completed when the employee is ready to leave the work place/office location, as for the crew member is equivalent to the home base. Then it is also natural that the long time rest starting point here, so that the crew members to the greatest possible extent be equated with stedbundne workers in terms of when free time actually occurs. In some cases, it may still be appropriate for both the aviation company and crew member that long time rest wound up outside the home base, and it is therefore possible to arrange this.

To § 9 Health Research good health and physics is important both for the individual crew member and for aviation enterprise. Provision should, therefore, ensure that people who are hired to perform the service in question is and stays healthy. Health surveys should be undertaken both before employment, and regularly as long as the employment relationship lasts, so any health negative influence from the work can be revealed and preventable. Health surveys should be carried out by specialists if this is considered necessary to ensure satisfactory quality.
How often the controls should happen varies with the individual crew member and how stressful the work actually is. Aviation company and representatives of the crew members can still enter into written agreement an arrangement on a minimum of one annual survey, possibly in combination with or as a substitute for the controls that are required for the crew member shall keep the certificates and rights required for the service that he or she is hired.
By suspicion or detection of failing health at a crew member must take the initiative to aviation entity a doctor check if the person does not even do that. Tried can also request examination of the health problems that are believed to have a background in the working environment in General.

To § 10 Deviations and Directive 2000/79 appointments/EC sets out the minimum requirements for ivaretakingen of the crew members ' health and safety, and forskriftens rules that enforce these can not avvikes. It is also a requirement that the aviation company and crew members can not deal away from conditions that are important to ensure a good working environment. It is therefore important that all these considerations are added to because in the design of appropriate agreements.
The agreements can be inferred between the employer and the representatives of the crew members. The representatives will often be elected officers for those who are organized. However, it is also possible to conclude agreements at the individual level. This can for example be applicable in small companies where the number of crew members is so small that they do not have appointed a representative, and where the crew members are not organized.

To section 11 supervision and regulation the CAA has received delegated authority to fix the regulations, and is responsible to oversee that they affected the players follow the rules. In special cases, the CAA also dispense from the rules. The minimum requirements of Directive 2000/79/EC may still not be waived.