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民航规章 CIVIL AVIATION REGULATIONS 3

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(2) a Fatigue Risk Management System (FRMS) in compliance with Subsection 8.11.1.2(e); or
(3) a FRMS in compliance with Subsection 8.11.1.2(e) for part of its operations and the requirements of Section 8.12 for the remainder of its operations.
(b) Where the operator adopts prescriptive fatigue management regulations for part or all of its operations, the Authority may approve, in exceptional circumstances, variations to these regulations on the basis of a risk assessment provided by the operator. Approved variations shall provide a level of safety equivalent to, or better than that achieved through the prescriptive fatigue management regulations.
(c) The Authority shall approve an operator’s FRMS before it may take the place of any or all of the prescriptive fatigue management regulations. An approved FRMS shall provide a level of safety equivalent to, or better than, the prescriptive fatigue management regulations.
(d) Operators using an FRMS must adhere to the following provisions of the FRMS approval process that allows the Authority to ensure that the approved FRMS meets the requirements of Subsection 8.11.1.2(c).
(1) Establish maximum values for flight times and/or flight duty period(s) and duty period(s), and minimum values for rest periods that shall be based upon scientific principles and knowledge, subject to safety assurance processes
Note:  ICAO Doc 9966, Fatigue Risk Management Systems Manual, provides a definition for Safety Assurance Processes.
(1) Adhere to Authority mandates to decrease maximum values and increase in minimum values in the event that the operator’s data indicates these values are too high to too low, respectively; and
(2) Provide justification to the Authority for any increase in maximum values or decrease in minimum values based on accumulated FRMS experience and fatigue-related data before such changes will be approved by the Authority.
(e) Operators implementing an FRMS to manage fatigue-related safety risks shall, as a minimum:
(1) Incorporate scientific principles and knowledge within the FRMS;
(2) Identify fatigue-related safety hazards and the resulting risks on an ongoing basis;
(3) Ensure that the remedial actions, necessary to effectively mitigate the risks associated with the hazards, are implemented promptly;
(4) Provide for continuous monitoring and regular assessment of the mitigation of fatigue risks achieved by such actions; and
(5) Provide for continuous improvement to the overall performance of the FRMS.
8.11.1.3 DUTY AND REST PERIODS
(a) Duty and rest periods for flight crew and cabin crew are contained in IS: 8.11.1.3.
ICAO Annex 6, Part I: 4.10
ICAO Annex 6, Part III, Section II: 7.6, 10.4
14 CFR: 121.461, 121.470, 121.480, 135.261
8.12 FLIGHT TIME, FLIGHT DUTY PERIODS, DUTY PERIODS, AND REST PERIODS FOR FATIGUE MANAGEMENT
8.12.1.1  APPLICABILITY
(a) This section is applicable to the rest, duty and flight time limitations of crewmembers and flight operations officers/flight dispatchers engaged in commercial air transport flight operations.
ICAO Annex 6, Part I: 4.10; and Attachment A
ICAO Annex 6, Part III, Section II: 7.6, 10.4
14 CFR: 121.461, 121.470, 121.480, 135.261
8.12.1.2 DUTY AND REST PERIODS – ALL CREWMEMBERS AND FLIGHT OPERATIONS OFFICERS
(a) With respect to duty periods—
(1) Persons are considered to be on duty if they are performing any tasks on behalf of the AOC holder, whether scheduled, requested or self-initiated.
(2) If an AOC holder requires a flight crewmember to engage in deadhead transportation for more than 4 hours, one half of that time shall be treated as duty time, unless they are given 10 hours of rest on the ground before being assigned to flight duty.
(3) No AOC holder may schedule:
(i) A flight crew member for more than 14 hours of duty, except as prescribed by the Authority.
(ii) A cabin crew member for more than 14 consecutive hours of duty, except as prescribed by the Authority.
(iii) A flight operations officer/aircraft dispatcher for more than 10 consecutive hours of duty within a 24 consecutive hour period, unless that person is given an intervening rest period of at least 8 hours at or before the end of the 10 hours duty, except in cases where circumstances or emergency conditions beyond the control of the AOC holder require otherwise.
(A) Each AOC holder shall establish the daily duty period for a flight operations officer/aircraft dispatcher so that it begins at a time that allows him or her to become thoroughly familiar with existing and anticipated weather conditions along the route before he or she dispatches any aircraft.
(B) He or she shall remain on duty until each aircraft dispatched by him or her has completed its flight or has gone beyond his or her jurisdiction or until he or she is relieved by another qualified dispatcher.
(b) With respect to rest periods—
(1) The minimum rest period is considered to be 8 consecutive hours.
(2) The minimum rest period for flight crewmembers shall be 9 consecutive hours, unless otherwise prescribed by the Authority.
(3) The AOC holder may exercise the option to reduce a crewmember’s rest period within the limitations prescribed under IS: 8.12.1.3.
(4) The AOC holder shall relieve the flight crewmember, flight operations officer/flight dispatcher, or cabin crewmember from all duties for 24 consecutive hours during any 7 consecutive day period.
(5) Time spent in transportation, not local in character, which is required by the AOC holder to position crewmembers to or from flights is not considered part of a rest period.
(6) Time spent in transportation on aircraft (at the insistence of the AOC holder) to or from a crewmember’s home station is not considered part of a rest period.
(7) No AOC holder may assign, nor may any person—
(i) Perform duties in commercial air transportation unless that person has had at least the minimum rest period applicable to those duties as prescribed by the Authority; or
(ii) Accept an assignment to any duty with the AOC holder during any required rest period.
ICAO Annex 6, Part I: Attachment A: 2.3, 2.4, 3.2, 4.6, 4.7, 4.8, 4.9
ICAO Annex 6, Part III, Section II: 7.6; 10.4 and Attachment B
14 CFR: 121.465; 121.467(b)(11)(12); 121.471(e)(f), 121.491; 121.519; 135.263(c); 135.265(c)
8.12.1.3  DUTY ALOFT – FLIGHT CREW
(a) The Authority will consider all time spent on an aircraft as an assigned flight crewmember or relief flight crewmember, whether resting or performing tasks, to be duty aloft.
(c) The Authority will consider a flight crewmember to be on continuous duty aloft unless the flight crewmember receives a rest period of 8 consecutive hours on the ground.
(d) Each AOC holder shall provide adequate sleeping quarters, including a berth on the aircraft whenever a flight crewmember is scheduled to be aloft for more than 12 hours during any 24 consecutive hours.
ICAO Annex 6, Part I:  Attachment A: 2.3, 4.7
ICAO Annex 6, Part III, Section II:  Attachment B: 4.2
14 CFR: 121.481; 121.505
8.12.1.4  MAXIMUM NUMBER OF FLIGHT TIME HOURS – FLIGHT CREW
(a) No person may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in commercial air transportation, if that flight crewmember’s total flight time will exceed 8 hours in any 24 consecutive hours.
(b) No person may schedule any flight crewmember and no flight crewmember may accept an assignment as a required crewmember for more than 7 flights in commercial air transportation during any period of 18 consecutive hours, whichever comes first.
(c) No person may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in commercial air transportation, if that flight crewmember’s total flight time will exceed 30 hours in any 7-day period.
(d) No person may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in commercial air transportation, if that flight crewmember’s total flight time will exceed 100 hours in any 30-day period.
(e) No person may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in commercial air transportation, if that flight crewmember’s total flight time, total flights or duty aloft in commercial flying will exceed the limitations prescribed by the Authority.
(f) No person may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in commercial air transportation, if that flight crewmember’s total flight time will exceed 1000 hours in any 12-calendar month period.
ICAO Annex 6, Part I:  Attachment A: 2.3, 4.7
ICAO Annex 6, Part III, Section II:  Attachment B: 4.1; 5
14 CFR: 121.471(a)(1),(3); 121:481(a); 121.503(d)
8.12.1.5  COMPLIANCE WITH SCHEDULING REQUIREMENTS
(a) The Authority will consider a person in compliance with prescribed standards if that person exceeds flight/duty limitations when—
(1) The flight is scheduled and normally terminates within the prescribed limitations; but
(2) Due to circumstances beyond the control of the AOC holder (such as adverse weather conditions) are not expected at the time of departure to reach the destination within the scheduled time.
(b) The Authority will consider a person in compliance with prescribed duty limitations, if that person exceeds applicable limitations during emergency or adverse situations beyond the control of the AOC holder.
ICAO Annex 6, Part I: 4.10; and Attachment A: 3.2, 4.7.3.4
ICAO Annex 6, Part III, Section II: 2.2.9.2; 10.4
14 CFR: 121.467(b)(14), 121.471(g), 135.263(d)
8.12.1.6  SPECIAL FLIGHT DUTY SCHEMES
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