# Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, Division (f): Unforeseen circumstances in flight operations — commander’s discretion

Extent: E+W+S+N.I.

(1) The conditions to modify the limits on flight duty, duty and rest periods by the commander in the case of unforeseen circumstances in flight operations, which start at or after the reporting time, shall comply with the following:
(i) the maximum daily FDP which results after applying points (b) and (e) of point ORO.FTL.205 or point ORO.FTL.220 may not be increased by more than 2 hours unless the flight crew has been augmented, in which case the maximum flight duty period may be increased by not more than 3 hours;
(ii) if on the final sector within an FDP the allowed increase is exceeded because of unforeseen circumstances after take-off, the flight may continue to the planned destination or alternate aerodrome; and
(iii) the rest period following the FDP may be reduced but can never be less than 10 hours.
(2) In case of unforeseen circumstances which could lead to severe fatigue, the commander shall reduce the actual flight duty period and/or increase the rest period in order to eliminate any detrimental effect on flight safety.
(3) The commander shall consult all crew members on their alertness levels before deciding the modifications under subparagraphs 1 and 2.
(4) The commander shall submit a report to the operator when an FDP is increased or a rest period is reduced at his or her discretion.
(5) Where the increase of an FDP or reduction of a rest period exceeds 1 hour, a copy of the report, to which the operator shall add its comments, shall be sent by the operator to the CAA not later than 28 days after the event.
(6) The operator shall implement a non-punitive process for the use of the discretion described under this provision and shall describe it in the operations manual.

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Source: https://www.legislation.gov.uk/eur/2012/965/annex/III/division/subpart+ftl/division/section+2/division/2/division/f (the official version)
Page: https://openlegislation.uk/eu-regulation-2012-965/annex-III/division-subpart+ftl/division-section+2/division-2/division-f
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.