Cargolux Board

Part of the new CWA 2015-2018 is the Pilot Off-Day Pool (CWA 5.3.1). Although already established in 2014 through a Memorandum of Understanding (MOU), it is now for the first time written in the CWA with the purpose to ensure adequate resources for Pilot Representatives and individual nominated pilots for representative work.

For 2017 our members donated 53 days. Please find below a brief update on how many days have been requested or used until now and for which purpose. It is our intention to stay transparent in what we do and to show you, that your donation is a valuable contribution, which indeed assists us in our work. Thank you for that!

In order to be able to continue to participate in working groups or committees and to have enough POD at hand in the future we would like to invite you to donate one or more of your VAC days for 2018 to the Pilot Off- Day Pool to top it up again.

Like in the past the donation of VAC days is on a voluntary basis and the details how the Pilot Off- Day Pool is managed are outlined in the “Agreed Off-Day-Pool Procedure”.

We sincerely hope that this solution is acceptable for those wishing to help, support and participate. Please do not hesitate to contact your ALPL Board at cvboard@alpl.lu in case you have any questions.

Please click on the button below in case you would like to donate.

Thank you for your participation!

In this issue of our series “Know your CWA” we expand on “Rest at Home Base” as defined in CWA B1-36.9.

From various communications you know about the different interpretations of how “Rest at Home Base with time zone difference compensation” should be applied. Currently we are preparing a law suit, which is a formal procedure to have this rule changed the way we believe it originally was intended for. 

As the OM-A is accepted by the DAC-L we will use this as a reference pending the clarification.

We will focus on

• Rest without time zone difference compensation
• Rest with accommodation provided by Cargolux (B2B)
• Rest with time zone difference compensation and
• Rest at Home Base on eastward-westward or westward-eastward transitions (EWWET)

B1-36.9.1 Minimum rest period and reduced rest

The required rest period before undertaking an FDP shall be in accordance with the Table B1-36.9.1-1 below.

Time zone differences are compensated by additional rest in the following cases:

• At home base, if a rotation involves a 4 hour time difference or more.
• Away from home base, if an FDP involves a 4-hour time difference or more.

Conditions for the use of reduced rest:

• The rest period following the reduced rest is extended by the difference between the minimum rest and the reduced rest.
• The maximum FDP following the reduced rest is reduced by the difference between the minimum rest period and the reduced rest.
• There is a maximum of 2 reduced rest periods between 2 recurrent extended recovery rest periods.

Note: At publication of this document Cargolux is not approved for FRM Reduced Rest!

Rest Period is defined in Part III of the CWA as “Means a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which a Pilot is free of all duties, standby and reserve.”

Duty is defined as “Means any task that a Pilot performs for the Company, including flight duty, administrative work (as indicated on the Pilot’s roster), giving or receiving training and checking, Positioning, Reserve and Standby.”

Rest at Home Base without time zone difference compensation

The Minimum Rest Period at Home Base  after and before any Duty Period is

• As long as the previous Duty Period or 12 hours, whichever is longer

Rest at Home Base with accommodation provided by Cargolux

• The Minimum Rest Period at Home Base after and before any Duty Period, if Cargolux provides a suitable accommodation is:
  • As long as the previous Duty Period or 12 hours, whichever is longer

• After a FDP crossing 4 time zones or more, the Minimum Rest Period is:
  • As long as the Previous Duty Period or 14 hours, whichever is longer

The following graph nicely illustrates the correlation between Duty Period and Minimum Rest Period at Home Base without time zone difference compensation or in case of accommodation provided at Home Base by Cargolux.

Rest at Home Base with time zone compensation

B1-36.9.2 Rest at home base with time zone difference compensation

At home base, if a rotation involves a 4 hour time difference or more, the minimum rest is as specified in the table below.

Table B1-36.9.2-1 Minimum local nights of rest at home base to compensate for time zone differences when suitable accommodation is not provided by Cargolux.

As soon as a rotation involves a 4 hour time difference or more and no suitable accommodation is provided by Cargolux when returning to Home Base, the Minimum Rest Period with time zone compensation according to B1-36.9.2 must be applied.

The table considers the following:

• the maximum time difference between the reference time and the local time where a crew member rests during the rotation and
• the time elapsed since reporting for the first FDP involving at least 4 hours time difference to the reference time.

Reference Time is defined in Part II of the CWA as “Means the local time at the reporting point situated in a 2-hour wide time zone band (+/- 02:00 hours) around the local time where a Pilot is acclimatised.”

The Reference Time can be determined using the table in CWA B1-36.3.

Rest at Home Base on EWWET

B1-36.9.3 Rest at home base on eastward-westward or westward-eastward transitions (EWWET)

In case of an Eastward-Westward or Westward-Eastward transition at home base, at least 3 local nights of rest at home base are provided between alternating rotations.

This article states that when a pilot is transiting through Home Base from East to West or West to East, a minimum of 3 local nights of rest must be provided.

According to EASA and DAC-L, EWWET is defined as “Eastward-Westward and Westward-Eastward transition means the transition at home base between a rotation crossing 6 or more time zones in one direction and a rotation crossing 4 or more time zones in the opposite direction”

Example A:

A pilot is scheduled to operate the flight LUX-ZAZ-LUX. Total Duty Time is 6 hours. Since there is no time zone difference between LUX and ZAZ, no time zone difference compensation is required and the Minimum Rest Period according to B1-36.9.1 is 12 hours.

Example B (B2B):

A pilot is scheduled for a B2B rotation. He returns to LUX from JFK and is supposed to stay in the hotel at Home Base. The total Duty Time is 10:30 hours and the crew crosses more than 4 time zones. Thus, the Minimum Rest Period with suitable accommodation provided by Cargolux is 14 hours.

Example C:

A pilot operates LUX (UTC+2) – GYD (UTC+4) on day 1. On the next day he operates GYD (UTC+4) – PVG (UTC+8), crossing for the first time 4 time zones. Reporting Time is 04:00 UTC. On day 3 he operates PVG – OVB (UTC+7), takes a Rest Period and continues back to LUX, where he arrives at 06:00 UTC on day 5. During the trip his Reference time changes from LUX to GYD and thereafter to OVB. According to B1-36.9.2 the biggest time difference between Reference Time and the local time where the pilot rests during the rotation is 5 hours – the difference between OVB (UTC+7) and LUX (UTC+2). Time elapsed since reporting for the first FDP involving 4 hours time difference is 74:30 hours (GYD 04:00 UTC on day 2 until LUX 06:30 UTC on day 5). Thus, according to B1-36.9.2 the Minimum Rest Period for time zone difference compensation is 3 local nights.

Example D (EWWET):

A pilot operates a rotation all the way to HKG and back to LUX. In this rotation, he crosses 6 time zones to the East [LUX (UTC+2)/HKG (UTC+8)]. Due to the nature of his trip he would only need a Minimum Rest Period for time zone compensation according to B1-36.9.2 of 2 local nights. However, his next Duty is a flight from LUX (UTC+2) to JFK (UTC-4). Because he did already cross 6 time zones on his last rotation and is scheduled to cross again 6 time zones to the West, the Minimum Rest Period is 3 local nights according to B1-36.9.3.

But what if the Rest Time at Home Base is scheduled to be shorter than stated in the CWA?

In this case it is the obligation of the company to change the roster accordingly to comply with the CWA.

Please note, the intention of the rest at Home Base is to have a pilot acclimatised at Home Base in order that he/she is rested for the next duty or series of duties.

If pilots feel that they are not acclimatised at the Home Base before the next duties then they should extend their rest and complete a proactive fatigue report.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

In this part of our series “Know your CWA” we would like to expand on “Minimum Rest Periods” as defined in B1- 36.9. The focus lays on:

• Rest away from Home Base
• Recurrent extended recovery rest periods and
• Increased rest requirements due to disruptive schedules.

B1-36.9.1 Minimum rest period and reduced rest

The required rest period before undertaking an FDP shall be in accordance with the Table B1-36.9.1-1 below.

Time zone differences are compensated by additional rest in the following cases:

• At home base, if a rotation involves a 4 hour time difference or more.
• Away from home base, if an FDP involves a 4-hour time difference or more.

Conditions for the use of reduced rest:

• The rest period following the reduced rest is extended by the difference between the minimum rest and the reduced rest.
• The maximum FDP following the reduced rest is reduced by the difference between the minimum rest period and the reduced rest.
• There is a maximum of 2 reduced rest periods between 2 recurrent extended recovery rest periods.

Rest Period is defined in Part III of the CWA as “Means a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which a Pilot is free of all duties, standby and reserve.”

Duty is defined as “Means any task that a Pilot performs for the Company, including flight duty, administrative work (as indicated on the Pilot’s roster), giving or receiving training and checking, Positioning, Reserve and Standby.”

Suitable Accommodation is defined as “Means, for the purpose of standby, split duty, and rest, a separate Hotel room for each Pilot located in a quiet environment and equipped with a bed, which is sufficiently ventilated, has a device for regulating temperature and light intensity, and access to food and drink.“

It can be summarized that away from Home Base (LUX) the

• Minimum Rest Period after and before any Duty Period is:
  • As long as the previous Duty Period or 12 hours, whichever is longer

• After a FDP crossing 4 time zones or more, the Minimum Rest Period is:
  • As long as the previous Duty Period or 14 hours, whichever is longer

The following graph nicely illustrates the correlation between Duty Period and Minimum Rest Period away from Home Base.

B1-36.9.4 Recurrent extended recovery rest periods

The minimum recurrent extended recovery rest period shall be 36 hours, including 2 local nights, and in any case the time between the end of one recurrent extended recovery rest period and the start of the next extended recovery rest period shall not be more than 168 hours.

The recurrent extended recovery rest period shall be increased to 2 local days twice every month.

Extended recovery rest periods may be scheduled concurrently with rest requirements for time zone difference compensation.

Recurrent extended recovery rest periods shall be planned and crew members notified sufficiently in advance.

This article states that the minimum recurrent recovery rest period must be a minimum of 36 hours, including 2 local nights. Furthermore, not more than 168 hours shall be between the end of one recurrent extended recovery rest period and the start of the next one.

Additionally, the recurrent extended recovery rest period must be increased to 2 local days twice every month and may be scheduled concurrently with rest requirements for time zone compensation.

B1-36.9.5 Increased rest requirements due to disruptive schedules

For a crew member performing 4 or more night duties, early starts or late finishes between 2 extended recovery rest periods, the second extended recovery rest period is extended to 60 hours. Such an extended recovery rest period may be scheduled concurrently to other rest requirements including but not limited to rest required for time zone difference compensation.

When a transition at home base is planned from a late finish/night duty to an early start, the rest period between the 2 FDPs includes 1 local night.

Additional increased rest is required if a pilot performs 4 or more Night Duties, Early Starts or Late Finishes between 2 extended recovery rest periods. In such a case the second extended recovery rest period must be a minimum of 60 hours.

Disruptive Schedule is defined in OM-A Chapter 7, Section 2 as “Means a crew member´s roster which disrupts the sleep opportunity during the optimal sleep time window by comprising an FDP or a combination of FDPs which encroach, start or finish during any portion of the day or night where a crew member is acclimatised. A schedule may be disruptive due to early starts, late finishes or night duties.”

In this context the OM-A defines

• Early Start as “a duty period starting in the period between 05:00 and 05:59 in the time zone to which a crew member is acclimatised;”
• Late Finish as “a duty period finishing in the period between 23:00 and 01:59 in the time zone to which a crew member is acclimatised;”
• Night Duty as “duty period encroaching any portion of the period between 02:00 and 04:59 in the time zone to which a crew member is acclimatised.”

Important to know: The reference for determining an Early Start, Late Finish or Night Duty is the reference time a pilot is acclimatized to according to CWA B1-36.3.

Example A:

A pilot operates a flight as part of a Standard Flight Crew. The total Duty Time is  9:40 hours and ends at 07.45 UTC. The crew only crosses 3 time zones. As per CWA B1-36.9.1 the pilot is entitled to a Rest Period of 12 hours, meaning that the earliest Reporting Time for the next Duty Period, whether operating as active crewmember or positioning, would be at 19.45 UTC.

Please note that according to OM-A Chapter 7, Section 9, a Minimum of 10 hours rest at the hotel must be achieved in order to have an 8 hour sleep opportunity.

Example B:

A pilot operates a night flight as part of an Augmented Flight Crew. The total Duty Time is 12:45 hours and ends at 07:00 UTC. The crew crosses 4 time zones. As per CWA B1-36.9.1. the pilot is entitled to a Rest Period of 14 hours or as long as the previous Duty Period, if longer. The earliest possible Reporting Time for the next Duty would be at 21:00 UTC.

Example C:

A pilot positions from LUX to HKG resulting in a Duty Period of 18:45 hours ending at 04:45 UTC. The pilot is entitled to a Rest Period of 18:45 hours. The earliest Reporting Time for the next Duty would be at 23:30 UTC.

Example D:

A pilot is scheduled for a trip, which departs LUX on day 1 at 11:00 UTC and is supposed to come back on day 7 at 04:00 UTC. Time between reporting for duty at 10:00 UTC on day 1 and going off duty on day 7 at 04:30 UTC is 162:30 hours. During this rotation, the longest scheduled rest period is 32 hours. Due to delays and changes, the pilot departs late from CGO to OVB and is planned to continue to LUX on the same flight. ETA in LUX would be 12:00 UTC on day 7, resulting in more than 168 hours since the end of his last extended recovery rest period. As per CWA and the OM-A, the pilot must take a rest period in OVB and is not allowed to continue to LUX. Because he had a disruptive schedule with 4 night duties, early starts and late finishes, the rest period in OVB must be increased from the minimum of 36 hours and 2 local nights to 60 hours minimum.

But what if your Rest Time is less than what you are entitled to?

Then it is the obligation of the company to change your roster accordingly.

Even though these are the minimums the regulations state, a pilot may increase the Minimum Rest Periods in order to mitigate potential fatigue in the next duty or series of duties.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

In part 8 of our series “Know Your CWA 2017” we took a closer look at “Delayed Reporting”. In January 2018 Cargolux finally had to change the OM-A procedure for delayed reporting away from home base on request from DAC-L to be in line with the EASA FTLs. Please find below the text and explanation of the revised delayed reporting procedure as outlined in OM-A Chapter 7, Section 6.

FDP Rescheduling

• If in the period of 10 hours or more before the scheduled departure time, Cargolux informs the crew member of a delay, the delay counts as a rest period.
• A delay of 10 hours or more counts as a rest period.

Delayed reporting

If due to unforeseen circumstances, the report time has to be delayed, the following provisions apply based on the number of notifications issued by Cargolux to the crew member in the period between 10 and the latest possible notification time prior 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 respectively at the company provided wake-up call, whichever is earlier

To avoid interference with sleeping patterns a silent notification method should be used when possible.

Notification methods:

• Default: email
• Alternative method on Pilot’s request: SMS, phone call

Communications will be identified by the wording ‘delayed reporting’ and specify the updated reporting time.

Phone enquiries or information obtained otherwise by crew members are to be considered informal and do not qualify as delay notification.

The maximum FDP is calculated as follows:

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 can only be applied in reference to delayed flights and not to bring the departure time forward. Furthermore it is only applicable for notifications between 10 hours and 2 ½ hours (at home base) respectively 3 hours (away from home base) before the scheduled departure time.

• If a delay notification is received 10 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 delay notification is received less than 2 ½ hours (home base) or 3 hours (away from home base) 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 by SMS or phone call if requested by the individual pilot. These two methods are the only official ones and any inquiries, e.g. by phone do not qualify as delay notification.

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.

• 1^st notification
  • 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.
  • 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.

• 2^nd notification
  • The maximum FDP is based on the calculation done for the 1^st 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.

Example A:

A Standard Flight Crew is scheduled to operate a flight departing LUX at 14:00 UTC. At 02:00 UTC on the same day the crew receives an email stating, that the flight is delayed by 4 hours and the new STD is 18:00 UTC. Since this email was sent more than 10 hours before the original STD, the notification does not qualify as Delayed Reporting. (Please be aware that the roster publication limit for a Standard Flight Crew of 11 hours in the CWA is now limited to 10:30 hours because of new departure time).

Example B:

3 hours before the STD of 18.00 UTC in example A, the crew receives an email mentioning “(Delayed) reporting times notification for flight : …“ 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 scheduled reporting time of 16:50 UTC, but only starts counting at the new reporting time of 18:20 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 2^nd delayed reporting notification. To follow such a request would be a violation of the OM-A and shall not be done!

Instead, a 2^nd delayed reporting notification 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 16:50 UTC but starts counting at 18:00 UTC, 1 hour after the 2^nd delayed reporting message, which is earlier than the original delayed reporting time of 18:20 UTC in example B. Because of this, the flight cannot be completed within the 11 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 11:50 UTC. He only receives a wake up call at 12:00 UTC because the flight is delayed to 14:10 UTC. Since he did not receive any “delayed reporting notification”, the FDP is calculated based on the scheduled reporting time of 11:50 UTC and also starts counting at 11:50 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.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

Please find below an update on Part-Time contracts, Direct Entry Contract Captains, Delayed Reporting, Pilot Seniority and Medical Assistance in KRW.
 
Part-Time contracts
Following our email dated 30 May 2017, we would like to give you an update on Part-Time contracts.
 
After it has been brought to our attention, that a clause was added into Part-Time contracts forcing a pilot to either obtain a license issued in Luxembourg or any other license management deems necessary, on 21 June 2017 Michael Kaiser and Dirk Becker met with the Deputy Chief Pilot Geoffroy Bemelmans and the Chief Flight Instructor Wolf Brandes to discuss this issue. 
 
The meeting was held in an open and constructive atmosphere and all arguments and concerns were discussed. In that meeting, management did honor the fact that any flight crew license issued in accordance with EASA Part FCL qualifies to operate Cargolux aircraft.
 
Reasons why it is desirable to have a license issued by the DAC-L from management’s perspective were also discussed. These are mainly related to the administrative requirements for License Proficiency Checks, which are still not fully aligned throughout Europe. These include for example that each TRE must be familiar with the requirements of each authority prior to conducting a check, which may in parts greatly differ between the different authorities.
 
We appreciate that management agrees to withdraw the paragraph in question and intends to re-issue the Part-Time contracts without this clause.
 
Direct Entry Contract Captains
Recently we have learned that the non-type rated Contract Captain, who was hired and trained to join the joint venture airline in China once this company would start operation, has left Cargolux. We highly appreciate that the mutual agreement between our CEO Richard Forson and the ALPL has been respected at all times.
 
Until today there is no clarity in regards to how the joint venture airline will be crewed. This includes possible job and career perspectives for Cargolux pilots and eventually training of pilots for the joint venture airline. We believe that it should be possible to find a solution for all parties involved.
 
Delayed Reporting
We are still waiting for Flight Operations to correctly apply the regulations and comply with the finding made by the DAC-L on delayed reporting at the out stations. It was indicated that it is work in progress and that Cargolux is in touch with AIMS to find a solution for that.
 
We have had members also highlighting that crew control is omitting to inform crews of the first delay and only sending a “delayed reporting” notification after the second delay or even none at all.
 
The intention of the regulation is to limit the total time of wakefulness prior to commencing duties. If delays do occur more than once the FDPs will have to be reduced whereby an operator either augments the crew to extend the FDP or replaces the crew for the FDP.
 
Please be vigilant and read the delayed reporting procedure to know the requirements of the regulations. If for any reason you feel that you have been 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.

 
Pilot Seniority
In June we were approached by Flight Operations Management and HR to find a solution for some Lufthansa CityLine pilots, who flew with Cargolux for a period of 2 years on a fixed term contract, chose to leave the company and went back to CityLine.  Some of those former colleagues raised the interest to re-join Cargolux but asked to consider the time spent in Cargolux when determining their new seniority date.
 
We are fully aware of the fact that Cargolux needs more pilots but the proposed way raised serious concerns and questions, which we did communicate towards Management.
 
Pilot seniority is the main factor when it comes to salary and career progression within the company, the allocation of vacation – and off days. It therefore must be respected and applied for all Cargolux pilots the same way. To make an exception would not only water down the seniority principle in general but would also severely disadvantage all pilots who have been employed after the departure of the CityLine pilots back in 2016.
 
Medical assistance in KRW
We have been approached by several colleagues, who raised concerns in regards to medical assistance in Turkmenbashi (KRW). According to International SOS, emergency services in Turkmenistan are unable to provide adequate assistance due to lack of training and foreign language skills. In addition, strict travel requirements and restrictions are in place. An initial request to get clarification from Management last year did not lead to a satisfactory answer. Please click here to read a letter from the Delegation, that was sent, amongst others, to the Manager Operational Health and Safety aiming at getting satisfactory answers on certain questions. 

In this issue of our series “Know your CWA” we take a closer look at “Commander´s Discretion”.

B1-36.11 Unforeseen circumstances in flight operations – Commander’s Discretion

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:

Table B1-36.11-1 Available Discretion:

According to this article it is possible to extend the maximum daily FDP of:

• a Standard Flight Crew, consisting of two pilots, by maximum 2 hours.
• an Augmented Crew by maximum 3 hours.

Important: This rule can only be applied under certain conditions and in case of unforeseen circumstances at or after the Reporting Time. A request by the company to eventually already consider unforeseen circumstances before a pilot reports for duty clearly is a violation against the CWA and the OM-A.

The OM-A and EASA FTL also state, that “…The exercise of commander´s discretion should be considered exceptional and should be avoided at home base.”

Reporting Time is defined in CWA Part III as “the moment in time at which a Pilot is required by the Company to report for any Duty.”

The CWA furthermore states the following:

Before deciding to apply commander’s discretion the commander shall take due consideration of all factors that might decrease a crew member’s alertness levels, such as:

• WOCL encroachment;
• weather conditions;
• complexity of the operation and/or airport environment;
• aeroplane malfunctions or specifications;
• flight with training or supervisory duties;
• increased number of sectors;
• circadian disruption; and
• individual conditions of affected crew members (time since awake, sleep-related factor, workload, previous duties etc.)
• Any such modifications must be acceptable to the Commander  after consultation with all other crew members.
• The decision rests solely with the crew members and Cargolux adopts a non-punitive response in case of non-application of  commander’s discretion.
• If on the final sector within an FDP the allowed increase is exceeded because of unforeseen circumstances after takeoff, the flight may continue to the planned destination or alternate.

Before applying a commander´s discretion:

• the commander must consider various things which are listed above. This means that basically all circumstances that potentially do have a negative effect on the safety of the flight must carefully be evaluated and taken into consideration.
• the commander also must consult all crew members and only if the entire crew does agree to such a modification it can be applied.

Cargolux also states that:

• such a decision solely rests with the crew members and
• a non-application of commander´s discretion does not result in a punitive response.

In addition the CWA mentions:

The rest period following an FDP may be reduced, at Commander’s discretion, but can never be less than 10 hours.

The Commander shall, in case of special circumstances which could lead to severe fatigue, and after consultation with the Pilots concerned, reduce the actual FDP and/or increase the rest period in order to eliminate any detrimental effect on flight safety.

This part mentions that:

• a rest period may be reduced to 10 hours.
• the commander shall reduce the actual FDP and/or shall increase the rest period should any crew member suffer or potentially suffer from severe fatigue, which could have an adverse effect on the safety of the flight.

In other words; A commander always can – even shall – reduce the FDP to below the maximum allowable FDP should the safe conduct of the flight be jeopardized in any kind.

The Commander shall submit a report to the Postholder Flight Operations when an FDP is increased or a rest period is reduced at his or her discretion.

Where the increase of an FDP or reduction of a rest period exceeds one hour, a copy of the report, to which the Postholder Flight Operations must add his comments, is sent to the Authority not later than 28 days after the event.

The last two paragraphs highlight that:

• it is the responsibility of the commander to submit a report any time a FDP is increased or a rest period is reduced. This should be done by using the iQSMS application.
• in addition, the Postholder Flight Operations must send a copy of the report to the civil aviation authority any time when an increase or reduction exceeds 1 hour.

Example A:

A Standard Flight Crew is scheduled to operate the flight CGO – LUX. Scheduled time of departure is 08:00 UTC, 16:00 LT CGO. Reporting time is 15:00 LT, which also is the Reference time for calculating the maximum FDP. According to table B1-36.3.1 in the CWA the FDP limit is 12:15 hours with a “Roster publication limit” of 11:45 hours. The scheduled FDP on the roster is 11:30 hours and therefore within the limits of the CWA.

When arriving at the aircraft in CGO the crew gets the information, that some loading equipment just broke down but loading will continue at a slower pace, resulting in 1 hour delay. Taking the delay into consideration the FDP now is 12:30 hours, exceeding the FDP limit by 15 minutes.

It is now the responsibility of all crew members to assess the situation and when considering  “Commander´s discretion” to take all relevant factors as mentioned above into consideration.

If “Commander´s discretion” is applied, a report must be submitted to the Postholder Flight Operatons.

Example B:

An Augmented Flight Crew (3 Pilots) is scheduled to operate the flight LUX – SJU – ATL. Scheduled departure time is 20:00 UTC and the maximum FDP is 16 hours, since no sector is longer than 9 hours. The scheduled FDP is 15:30 hours and within the limits of the CWA.

Due to the long and tiring night duty, one pilot is suffering from fatigue on the first sector. It is now the obligation of the commander to act according to the OM-A and CWA and to shorten the FDP to ensure a safe operation. As a result the flight from SJU to ATL is delayed because the crew takes a rest period in SJU.

!IMPORTANT! Every pilot suffering or potentially suffering from fatigue must file a Fatigue Report!

Simply use the iQSMS application or the LEAF application to submit reports, both are provided on your iPad. When entering the data be as accurate and as complete as possible. Please click here for additional guidance.

Furthermore it is according to OM-A Chapter 11, Section 2 mandatory to submit an ASR if the fatigue you experienced impacted or could have potentially impacted your ability to perform your flight duties safely.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

In this issue of our series “Know your CWA” we would like to expand on the maximum “Flight Duty Period (FDP) for flights with an Augmented Flight Crew”.

B1-36.5 Extended FDP with in-flight rest (Augmented Flight Crew)

B1-36.5.1 Crew Composition

The crew composition shall be as follows:

• Standard Flight Crew + 1 Pilot
• Standard Flight Crew + 2 Pilots
• For 3 sectors or more 2 Captains + 2 First Officers

In CWA Part III, Augmented Flight Crew is defined as  “..Means a flight crew which comprises more than the minimum number required to operate that aircraft, allowing each flight Pilot to leave his/her assigned post, for the purpose of in-flight rest, and to be replaced by another appropriately qualified Pilot.”

Standard Flight Crew is defined as “1 Captain, 1 First Officer, total 2 Pilots”

CWA B1-36.5.1 defines the crew composition and clearly states that for 3 sectors or more an augmented crew comprising 2 Captains and 2 First Officers is required!

The FDP can be extended with the use of inflight rest as follows:

B1-36.5.2

The FDP can be extended with the use of in-flight rest provided that within the Maximum Extended Flight Duty Period:

• the Pilots at the controls (PF and PM) for the landing(s) have at least a consecutive 120 minute period in-flight rest opportunity and
• the other Pilot(s) have at least a consecutive 90 minute period in-flight rest opportunity

In-flight rest should be taken during the cruise phase of the flight. For the purpose of in-flight rest the cruise phase of the flight should be considered from FL200 until 10 minutes before top of descent. In-flight rest periods should be allocated in order to optimize the alertness of those flight crew members at controls during landing. The rest period for an individual Pilot should not include the time necessary to change seats. All time spent in the rest facility is counted as FDP.

A Pilot may not start a positioning sector to become part of the operating crew on the same sector.

Only if the pilots at the controls and other pilots have at least a consecutive 120 minute and 90 minute period in-flight rest respectively, the FDP can be extended according to the tables below. This rest period must be applied within the FDP and in cruise from FL200 until 10 minutes before top of descent.

In addition all pilots of an Augmented Flight Crew must start their FDP at the same place and at the same time.

Important: According to OM-A, Chapter 7, Section 7, the Minimum Rest at destination following a FDP for which crew augmentation was required is at least as long as the preceding duty period, or 14 hours, whichever is greater.

The following tables show the maximum extended FDPs and the respective crew composition.

Important: The tables below distinguish between:

• Standard Flight Crew + 1 Pilot
• Standard Flight Crew + 2 Pilots

In this context, it is important two recognize that:

• Standard Flight Crew + 2 Pilots can also mean 1 Captain and 3 First Officers

However, according to CWA B1-36.5.1: 

• For 3 sectors or more, 2 Captains and 2 First Officers are required

If in addition to the conditions above, the FDP consists of maximum 2 operating sectors with one sector with more than 9 hours of continuous flight time, the following extended FDPs apply:

Flight Time is defined in the CWA Part III as “…Means the time as an operating Pilot between first moving of an aircraft from its parking place (Block Off) for the purpose of taking off until it comes to rest on the designated parking position and all engines are shut down (Block On).”

To keep it simple; irrespective of the Reporting Time and State of Acclimatization:

• If 3 sectors are scheduled, the maximum FDP is 17 hours, irrespective of the sector length. In addition, the crew composition must be 2 Captains and 2 First Officers.
• the maximum FDP for a Standard Flight Crew +1 Pilot is 16 hours with a maximum of 2 sectors.
• the maximum FDP for a Standard Flight Crew + 2 Pilots (1 BC + 3 FO) is 17 hours and 2 sectors.
• the maximum FDP for a Standard Flight Crew + 1 Pilot is 17 hours if one sector is more than 9 hours continuous flight time with a maximum of 2 sectors.
• the maximum FDP for a Standard Flight Crew + 2 Pilots (1BC + 3 FO) is 18 hours if one sector is more than 9 hours continuous flight time with a maximum of 2 sectors.

Example A:

A pilot is scheduled to operate LUX-KRW-SIN. The crew is augmented and comprises a Standard Flight Crew + 1 Pilot. None of the 2 sectors is longer than 9 hours continuous flight time and therefore the maximum FDP is 16 hours from Reporting Time until block on in SIN. Due to the sector lengths, the required distribution of inflight rest of a minimum of 120 and 90 minutes respectively can be achieved.

Example B:

A pilot is scheduled to operate LUX-BEY-CAI-LUX. Since this FDP involves 3 sectors, 2 Captains and 2 First Officers are required. The maximum FDP in this case is 17 hours. Due to the relatively short sector length, it is important to make sure that inflight rest is adequately distributed.

If any crew in the above situation does not manage to obtain 120 minutes/90 minutes inflight rest, they are not compliant to be able to operate as PF or PM.

Example C:

The crew is augmented and comprises a Standard Flight Crew + 1 Pilot. The FDP required is 17 hours with two sectors. The first sector is scheduled for a continuous flight time of just over 9 hours. After landing you notice that the total flight time is 8:55 hours. In this case, the total FDP cannot exceed 16 hours duty.

But what if the “Maximum Flight Duty Period” for an Augmented Flight Crew would be exceeded?

In this case it is the obligation of the company to change the Flight Duty accordingly to be within limits or to add additional crew members.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

In this issue of our series “Know your CWA” we would like to expand on “Maximum Flight Duty Periods (FDP) for a Standard Flight Crew” of 2 Pilots as defined in CWA Art. B1-36.3. focussing on the maximum basic daily FDP of an acclimatized pilot and for a pilot in an unknown state of acclimatization without FRM. We will expand on FDP with an augmented flight crew in a later edition of this series.

To calculate the maximum basic FDP for a Standard Flight Crew, a crew member first needs to determine his state of acclimatization.

B1-36.3 Maximum Flight Duty Periods

As defined in CWA B1-36.3, “‘Acclimatised’ means a state in which a crew member’s circadian biological clock is synchronized to the time zone where the crew member is. A crew member is considered to be acclimatized to a 2-hour wide time zone (+/- 02:00) surrounding the local time at the point of departure. When the local time at the place where a duty commences differs by more than 2 hours from the local time at the place where the next duty starts, the crew member, for the calculation of the maximum daily flight duty period, is considered to be acclimatized in accordance with the values in the table below.”

Based on the state of acclimatization the maximum basic daily FDP can be calculated according to the tables below.    

CWA B1-36.3.1 and 36.3.1.2 are applicable to all Flight Duty Periods conducted by a Standard Flight Crew, which in Part III of the CWA is defined as “1 Captain and 1 suitably qualified pilot.”

Table B1-36.3.1: Maximum Basic Daily FDP (hours:minutes) for an acclimatized Pilot

The left column depicts the Reporting Time, which is defined in CWA Part III as “the moment in time at which a Pilot is required by the Company to report for any Duty.” This time is expressed as Reference Time in accordance with the table in CWA B1-36.3 above.

As defined in CWA B1-36.2 “Specification of Beginning and End of Duty times”  the Reporting Time is 1 hour before Scheduled Time of Departure. Only in LUX the Reporting Time is 1:10 hours before STD.

Should the scheduled departure time change, it is the responsibility of the company to apply the Delayed Reporting procedure according to OM-A Chapter 7, Section 6!

If no delayed reporting message is received, the last scheduled departure time on the roster that has been confirmed by the crew member is applicable when determining the maximum basic daily FDP in accordance with CWA B1-36.3.1!

The times in the right columns depict the maximum Flight Duty Periods for the respective Reporting Times in the left column also considering the number of scheduled sectors.

!Important!: Whilst the “FDP limit” is a legal limit also according to OM-A Chapter 7, Section 5, the “Roster Publication Limit” is the limit for Crew Planning and Crew Control when producing and/or changing the rosters. It is their obligation to respect these limits and to schedule the flights accordingly!

In case the state of acclimatization according to table B1-36.3 is unknown, the maximum FDP for a pilot is shown in table B1-36.3.2 below is applicable.

B1-36.3.2 Maximum FDP for a Pilot in an unknown state of acclimatization without FRM

When calculating the maximum allowable FDP it is important to know that the definition of FDP according to the CWA and the OM-A is the same:

Example A (Acclimatized to new time zone [D]):

A pilot operates from LUX (UTC+2) to GYD (UTC+4). Reporting time (Reference Time) is 20:00h LT in LUX and the maximum daily FDP according to table B1-36.3.1. for an acclimatized Standard Crew is 11 hours. 10:30 hours is the “Roster publication limit”. Since the time difference between LUX and GYD is not more than 2 hours, he is acclimatized right away to the local time in GYD, which becomes the new Reference Time for calculating the maximum FDP for the next sector.

Example B (Acclimatized to departure time zone [B]):

A pilot operates from LUX (UTC+2) to JFK (UTC-4). Reporting time (Reference Time) is 15:00h LT in LUX and the maximum daily FDP for an acclimatized Standard Crew is 12 hours. The time difference between LUX and JFK is 6 hours and he would only be acclimatized to the local time in JFK after 72 hours since reporting at Reference Time in LUX. Only then the local time in JFK would become the new Reference Time (D). However, after 30 hours since reporting at Reference Time in LUX he is scheduled to operate JFK-MEX-IAH.  According to table B1-36.3 he still is acclimatised to the local time of the departure time zone (LUX) which is the Reference Time for determining the maximum FDP in this case. Reporting time is at 19:00 UTC. Local times in JFK and LUX are 15:00 LT and 21:00 LT respectively. For calculating the maximum FDP the local time in LUX is the Reference Time. The maximum FDP in this case is 11 hours with a “Roster publication limit” of 10:30h.

Example C (Unknown state of acclimatization [X]):

The pilot in example B continues his journey. On day 3 of his trip he arrives in IAH (UTC-5). He is scheduled to operate IAH-PIK-LUX already on day 4. Reporting time is 11:30 UTC. Time elapsed since reporting at Reference Time where the crew member was acclimatized (LUX+2) is 94:30 hours (13:00 UTC/day 1 until 11:30 UTC/day4). Hence, he is in an unknown state of acclimatization, which limits the maximum daily FDP according to table B1-36.3.2 to 11 hours.

But what if the “Maximum Flight Duty Period” or “Roster Publication Limit” would be exceeded for a specific reporting/reference time?

In this case it is the obligation of the company to schedule the flight with an augmented crew or to plan a rest period accordingly.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.

At the end of 2017 we might be faced again with negotiations for a new Collective Work Agreement (CWA). Whilst we already have a list of things that need to be improved, we would like to ask every one of you to tell us what you think our goals should be during these negotiations.

The purpose of the survey is to highlight the most pressing issues you as a pilot would like to see changed with the future of Cargolux in mind.

Please take the time to write us a short text or some bullet points with items you would like to see changed or improved, bearing in mind that the ALPL Cargolux Divisional Board is working on different issues at the same time and that some of these working subjects might be resolved by the time new negotiations will start.

As we obtain all the feedback of all the members we can then proceed and identify the core subjects of the information we received from you. Please complete the survey until latest 31 July 2017.

When answering the survey, we kindly ask you to be concise and to list the points in order of priority. We also ask you to think about what you personally are willing to contribute to achieve these goals – Don´t take things for granted!

This is the next part of our series “Know your CWA” in regards to “Positioning”, which covers “Positioning immediately before or following an operating sector”. 

B1-36.6 Positioning

When a Pilot is required to Position immediately following an operating sector the total time spent on Duty shall count toward the Duty Time, with a maximum combined Flight and Positioning time of:

1. a) Standard Flight Crew: 16:00 hours.
2. b) Augmented Flight Crew: 18:00 hours.

When a Pilot performs a Duty consisting solely of Positioning, the time from Block Off of the first positioning sector to Block On of the last positioning sector shall not exceed 20 hours.

Transportation to and from Hotel accommodation at the behest of the Company is not considered positioning. 

Positioning applies to all modes of transportation. Certain airport pairs, as listed in the OM Part A, are considered the same airport for the purpose of determining if positioning time is required.

The beginning and end of “Positioning before or after operating sector” times are specified in CWA Art. B1-36.2.2-4 and distinguished by the means of traveling.

Also in this case, all times spent positioning count as Duty Time and CWA Art. B1-36.2.2-4 must be consulted in order to:

• calculate the actual Duty Time, which is added up towards the Duty Period Limitations as defined in CWA Art. B1-36.1.2
• determine the required Rest Period after positioning a pilot is entitled to
• calculate the overtime payment according to CWA B1-39.5.1 if more than 160 Duty hours in one consecutive Roster Period of 28 days are worked.

In addition, it is important to know that a positioning before an operating sector must be considered when determining the maximum allowable FDP!

B1-36.2.2 Positioning on board of an aircraft before operating sector(s)

Positioning sectors shall not count as sectors when determining the maximum FDP.

* The time can be increased for operational reasons by the Company only.

B1-36.2.3 Positioning by other means than aircraft before operating sector(s)

Positioning sectors shall not count as sectors when determining the maximum FDP.

B1-36.2.4 Positioning after operating sector(s)

Positioning sectors shall not count as sectors when determining the maximum FDP.

* The time can be increased for operational reasons by the Company only.

**If an aircraft is not used for positioning, Block On shall be replaced by the actual arrival time of the vehicle used for transportation.

Example A (Positioning immediately before an operating sector):
A pilot is scheduled to position from MEX to JFK and then to operate a flight to ORD. STD of the commercial flight in MEX is at 14:00 UTC. Arrival time in JFK is 19:05 UTC and the STD of flight CLX xyz from JFK to ORD is 21:25 UTC. CLX xyz is scheduled to arrive in ORD at 23:05 UTC.

In this case the FDP already starts in MEX 1h (Reporting Time) before STD of the commercial flight and ends on actual block on in ORD at 23:05 UTC. Total FDP is 10:05h. The total duty time (combined Flight and Positioning time) is 10:35h.

Example B (Positioning immediately following an operating sector):
A pilot is scheduled to operate flight CLX xyz from BQN to AMS as Standard Crew, stay on board and position from AMS to LUX. The allowed combined Flight and Positioning Time is 16 hours. Reporting Time in BQN is 22.45 UTC and the flight arrives in AMS at 09.35 UTC. There another crew takes over and the pilot positions now from AMS to LUX on the same aircraft. Block On in LUX is at 11.35 UTC. Total FDP is 10:50h. The total duty time (combined Flight and Positioning time) is 12:50h.

But what if the combined Flight and Positioning time of 16 or 18 hours would be exceeded?

In this case it is the obligation of the company to change the roster accordingly and to e.g. plan a rest period immediately after the Flight Duty Period.

Please follow this link to download your copy of the CWA for your perusal on the company provided iPad or any other computer for future reference.

If you have any questions do not hesitate to contact us at cvboard@alpl.lu for clarification.

All parts of this series can be found here in the Publications section under Cargolux Board.