Under the EASA Flight Time Limitations, the maximum flight duty period (FDP) may be extended by up to 2 hours at the Commander’s Discretion (‘CD’) or even 3 hours if in-flight rest facilities are provided. As explained in a recent ECA “SpotOn” guidance paper, this extension of a regular flight duty must be understood as a very exceptional ‘fix’ for some of the uncertainties in commercial aviation. Because even an operator’s most cautious planning of flight pattern cannot cover all circumstances causing delay or excessive fatigue – although good planning can greatly help to reduce such situations.
However, ‘cautious planning’ is understood in different ways by different people. A most notable and deplorable example hit the headlines in the past summer, resulting in the dismissal of several crew members who rightly refused to operate under discretion. On top of that, pilots are reporting increased pressure from their airlines to use commander’s discretion.
To prevent misuse, EASA requires the operator to provide their crews with ‘robust’ rosters, i.e. rosters that under normal circumstances are realistically achievable in real operations, and to improve the planning when missing this target.
At this point, the commander – as being the airline’s representative on scene – is entitled to evaluate the situation and decide on best judgement as regards flight safety, the customers’ need for transport and the crew’s health. The regulator’s original idea was to entitle the commander to extend – but also to reduce – any FDP under the aspect of suitability, necessity and proportionality.
