Commander's Discretion (SCD)
7.2.2.1 Shared responsibility in case of SCD
(a) The operator takes into consideration the shared responsibility of management and flight crew in the case of unforeseen circumstances. The exercise of commander's discretion is considered exceptional and should be avoided at home base where standby or reserve crew members should be available. The operator assesses on a regular basis the series of pairings where commander's discretion has been exercised in order to be aware of possible inconsistencies in the rostering, ref. OM-A 7.1.4 (j).
(b) The operator as well as the commander will take due consideration of flight safety, especially in the case of an extended FDP and will take due consideration of additional 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, etc.).
(c) The use of commander's discretion is a decision made solely by the commander based on the fitness of his crew to perform a duty safely. Commander's discretion is not assumed in the planning phase of a flight. Any review of a commander's decision to use or not to use commander's discretion will be "nonpunitive".
7.2.2.2 The application of commander's discretion
(a) In case of unforeseen circumstances in flight operations, which start at or after the reporting time, the commander may modify the limits on flight duty and/or duty and rest periods of the crew. The conditions to modify the limits on flight duty, duty and rest periods shall comply with the following:
- The maximum daily FDP which results after applying OM-A 7.1.7 (c) [Basic maximum daily FDP], 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;
- The maximum basic daily FDP that results [ .. ] will be used to calculate the limits of commander's discretion, if commander's discretion is applied to an FDP which has been extended [ .. ]
- 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
- The rest period following the FDP can never be less than 10 hours.
(b) Where the increase of an FDP exceeds 1 hour, the operator will send the applicable Operational Report, including comments, to the CAA not later than 28 days after the event.
7.2.2.3 Commander's responsibilities in case of SCD
(a) In case of unforeseen circumstances which could lead to severe fatigue, and after consultation with the crew members concerned, the commander shall reduce the actual flight duty period and/or increase the rest period to eliminate any detrimental effect on flight safety.
(b) The commander shall consult all crew members on their alertness levels before deciding the modifications as in OM-A 7.2.2.2 (a) and 7.2.2.3 (a).
(c) The commander shall inform the Duty Manager Operations Control when applying SCD.
(d) The commander shall submit an Operational Report (OR) to the operator when an FDP is increased at his discretion.
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