Below you find the article as published in the current CWA. Further below we provide some comments and explanations for this article.
Like always it is the obligation of the company to follow these rules and a pilot is entitled to a roster reflecting them. However, as a pilot you should know what these rules are. If a pilot notices a non-compliance with the CWA, it is his/her right that his roster will be changed to be fully compliant with the CWA.
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If due to unforeseen circumstances, the Reporting Time has to be delayed, the following provisions apply based on the number of notifications issued by the Company to the Pilot in the period between 12 hours and the latest possible notification time prior to the scheduled departure.
The latest possible notification time is:
– At Home Base: 2.5 hours prior to the scheduled departure. – Away from Home Base: 3 hours prior to the scheduled departure or at the time of the wake-up call arranged by the Company for the relevant flight, whichever is earlier.
Notification methods:
– Default: Email. – Alternative method on Pilot’s request: via AIMS eCrew app push notification. To avoid interference with sleeping patterns, a silent notification method should be used when possible.
Communications will be identified by the wording ‘delayed reporting’ and specify the updated Reporting Time.
Phone inquiries or information obtained otherwise by Pilots are to be considered informal and do not qualify as delay notification.
The maximum Flight Duty Period is calculated as follows (Table 12):
Notifications:
– 12 hours before the (re)scheduled departure time a ‘Schedule Information’ email is sent by the scheduling system. This message serves as information on the schedule and also provides the original Reporting Time. Delays occurring after this gate will be handled either using Delayed Reporting message(s) or a reschedule if the delay is 12 hours or more.
– Shortly before the latest possible notification time (as specified above, a ‘(1st Delayed) Reporting Message’ is sent by the scheduling system. This message provides the updated Reporting Time and is also sent to confirm the Reporting Time in case no delay occurs.
– In case of further delay, a ‘2nd Delayed Reporting Message’ email may be sent manually by the Crew Scheduling Department indicating ‘2nd Delayed Reporting Message’ in the email subject line.
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With the implementation of EASA FTL every operator is obliged to establish a procedure to notify flight crews in case of a delay. The purpose of this procedure is to limit the total wakefulness prior commencing duties and to manage the starting time and/or length of a FDP due to such a delay. The delayed reporting procedure is only applicable for notifications between 12 hours and 2 ½ hours (at home base) respectively 3 hours (away from home base) before the scheduled departure time.
· If a notification is received 12 hours or more before the scheduled departure time, or the reporting time is delayed by 10 hours or more, this notification does not qualify as “Delayed Reporting” as long as no further disturbances by Cargolux occur. In this case, the delay counts as rest period.
· If a notification is received less than 2 ½ or 3 hours before the scheduled departure time, the notification does not qualify as “Delayed Reporting” and the FDP starts at the original scheduled reporting time.
· If no delay notification is received, the FDP starts counting at the original scheduled reporting time.
Cargolux uses 2 notification methods. The default method is a notification by email. Alternatively, the pilot can also be notified via AIMS eCrew app push notification, which is presently under development. These two methods are the only official ones and any inquiries, e.g. by phone do not qualify as delay notification.
The first email that is sent to the pilot is a “Schedule Information” email. This one is sent 12 hours before the (re)scheduled departure time automatically by the system and provides the original reporting time.
Shortly before the latest possible notification time, 2 ½ or 3 hours before the scheduled departure time, a “(1st Delayed) Reporting Message” is sent by the system to either confirm the original scheduled departure time or to provide an updated (delayed) one.
In case a further delay happens thereafter, a “2nd Delayed Reporting Message” is manually sent by crew control.
The delayed reporting table considers the number of notifications and the extent of the delay of the reporting time and can be summarized as follows.
o Delay of reporting time less than 4 hours
§ The maximum FDP is based on the original reporting time.
§ The FDP starts counting at the new reporting time.
o Delay of reporting time 4 hours or more
§ The maximum FDP is based on the more limiting reporting time, either the original reporting time or the new, delayed reporting time.
§ The FDP starts counting at the new, delayed reporting time.
· 2nd notification
§ The maximum FDP is based on the calculation done for the 1st notification as explained above.
§ The FDP now starts counting 1 hour after the second notification or at the first delayed reporting time, whichever is earlier.
A Standard Flight Crew is scheduled to operate a flight departing LUX at 14.00 UTC. Nothing happens at 02.00 UTC, but 4 hours later the crew receives a “Schedule Information” email providing an original reporting time of 17.00 UTC for the rescheduled STD at 18.00 UTC. Since this email was sent 12 hours before the rescheduled STD, the notification does not qualify as Delayed Reporting, but as a reschedule.
Example B:
2 ½ hours before the STD of 18.00 UTC in example A, the crew receives an email mentioning “(1st Delayed) Reporting Message” with an amended STD of 19:30 UTC, a delay of 1:30 hours. According to the Delayed Reporting procedure, the maximum FDP is calculated based on the original (re)scheduled reporting time of 17:00 UTC, but only starts counting at the new reporting time of 18:30 UTC.
Example C:
The story continues; The crew receives another email and SMS at 17:00 UTC. Crew control states that maintenance requires additional time for an unforeseen repair, causing another 1:30 hours delay and asks, if the pilots could consider it as unforeseen circumstances, waiving the need for a 2nd notification. To follow such a request would be a violation of the OM-A and shall not be done!
Instead, a “(2nd Delayed) Reporting Message” must be sent, indicating the new departure time. The new departure time is 21:00 UTC. According to the Delayed Reporting procedure, the maximum FDP is based on the reporting time at 17:00 UTC but starts counting at 18:00 UTC, 1 hour after the “2nd Delayed Reporting Message” was sent, which is earlier than the original delayed reporting time of 18:30 UTC in example B. Because of this, the flight cannot be completed within the 10 hours FDP for a Standard Flight Crew.
Example D:
A pilot is scheduled for a flight departing LUX at 13:00 UTC. Reporting time is 12:00 UTC. He only receives a wake-up call at 12:10 UTC because the flight is delayed to 14:10 UTC. Since he never received any notification, the FDP is calculated based on the scheduled reporting time of 12:00 UTC and also starts counting at 12:00 UTC.
If due to the Delayed Reporting procedure a flight duty cannot be completed within the maximum FDP, it is the obligation of the company to either delay the flight for crew rest or add an additional crew member to augment the crew.
Ultimately the intention of the regulation is to limit the total time of wakefulness prior to commencing duties. If you deem that you will be awake for a period of time prior to commencing a FDP which may impact or potentially impact your ability to perform safely your flight duties, inform crew control and dispatch if you will require additional rest and complete a proactive Fatigue Report!
