OpenLegislation

Article 62 Fatigue of crew - operator’s responsibilitiesI1

United Kingdom

(1)

The operator of an aircraft to which this article applies must not cause or permit that aircraft to make a flight unless the operator has established a fatigue management scheme for the regulation of flight times, flight duty periods, duty periods and rest period limitations for every person flying in that aircraft as a member of its crew.

(2)

Subject to paragraph (7), the scheme established under paragraph (1) must be approved by the Governor.

(3)

The scheme established under paragraph (1) must—

(a)

be incorporated in the operations manual required by either article 96 or article 134; or

(b)

in any case where an operations manual is not required by either of those articles, be incorporated in a document a copy of which has been made available to every person flying in that aircraft as a member of its crew.

(4)

The operator must take all steps reasonably practicable to ensure that the provisions of the scheme will be complied with in relation to every person flying in that aircraft as a member of its crew.

(5)

The operator of an aircraft to which this article applies must not cause or permit any person to fly as a member of its crew if the operator knows or has reason to believe that the person is suffering from, or, having regard to the circumstances of the flight to be undertaken, is likely to suffer from, such fatigue whilst so flying as may endanger the safety of the aircraft or of its occupants.

(6)

The operator of an aircraft to which this article applies must not cause or permit any person to fly as a member of its flight crew unless the operator possesses an accurate and up to date record in respect of that person, and in respect of the 28 days immediately preceding the flight, showing—

(a)

all the person’s flight times, and

(b)

brief particulars of the nature of the functions performed by the person in the course of the flight times.

(7)

Paragraph (2) does not apply to the operator of an aircraft registered in the Territory of any class, or which is used in any of the cases, identified in article 132(2).

Annotations

Commencement

I1

Art. 62 in force at 1.1.2014, see art. 1