NCC.GEN.106 Pilot-in-command responsibilities and authority

FLIGHT PREPARATION FOR PBN OPERATIONS

(a)The flight crew should ensure that RNAV 1, RNAV 2, RNP 1 RNP 2, and RNP APCH routes or procedures to be used for the intended flight, including for any alternate aerodromes, are selectable from the navigation database and are not prohibited by NOTAM.

(b)The flight crew should take account of any NOTAMs or operator briefing material that could adversely affect the aircraft system operation along its flight plan including any alternate aerodromes.

(c)When PBN relies on GNSS systems for which RAIM is required for integrity, its availability should be verified during the preflight planning. In the event of a predicted continuous loss of fault detection of more than five minutes, the flight planning should be revised to reflect the lack of full PBN capability for that period.

(d)For RNP 4 operations with only GNSS sensors, a fault detection and exclusion (FDE) check should be performed. The maximum allowable time for which FDE capability is projected to be unavailable on any one event is 25 minutes. If predictions indicate that the maximum allowable FDE outage will be exceeded, the operation should be rescheduled to a time when FDE is available.

(e)For RNAV 10 operations, the flight crew should take account of the RNAV 10 time limit declared for the inertial system, if applicable, considering also the effect of weather conditions that could affect flight duration in RNAV 10 airspace. Where an extension to the time limit is permitted, the flight crew will need to ensure that en route radio facilities are serviceable before departure, and to apply radio updates in accordance with any AFM limitation.

DATABASE SUITABILITY

(a)The flight crew should check that any navigational database required for PBN operations includes the routes and procedures required for the flight.

DATABASE CURRENCY

(b)The database validity (current AIRAC cycle) should be checked before the flight.

(c)Navigation databases should be current for the duration of the flight. If the AIRAC cycle is due to change during flight, the flight crew should follow procedures established by the operator to ensure the accuracy of navigation data, including the suitability of navigation facilities used to define the routes and procedures for the flight.

(d)An expired database may only be used if the following conditions are satisfied:

(1)the operator has confirmed that the parts of the database which are intended to be used during the flight and any contingencies that are reasonable to expect are not changed in the current version;

(2)any NOTAMs associated with the navigational data are taken into account;

(3)maps and charts corresponding to those parts of the flight are current and have not been amended since the last cycle;

(4)any MEL limitations are observed; and

(5)the database has expired by no more than 28 days.

GENERAL In accordance with 1.c. of Annex IV to Regulation (EC) No 216/2008 (Essential Requirements for air operations), the pilot-in-command is responsible for the operation and safety of the aircraft and for the safety of all crew members, passengers and cargo on board. This would normally be from the time that he/she assumes responsibility for the aircraft and passengers prior to a flight until the passengers are deplaned and escorted out of the operational area of the aerodrome or operating site and he/she relinquishes responsibility for the aircraft at the end of a flight or series of flights. The pilot-in-command’s responsibilities and authority should be understood as including at least the following:

(a)the safety of all crew members, passengers and cargo on board, as soon as he/she arrives on board, until he/she leaves the aircraft at the end of the flight; and

(b)the operation and safety of the aircraft:

(1)for aeroplanes, from the moment it is first ready to move for the purpose of taxiing prior to take-off, until the moment it comes to rest at the end of the flight and the engine(s) used as primary propulsion unit(s) is/are shut down; or

(2)for helicopters, from the moment the engine(s) are started until the helicopter comes to rest at the end of the flight with the engine(s) shut down and the rotor blades stopped.

IDENTIFICATION OF THE SEVERITY OF AN OCCURRENCE BY THE PILOT-IN-COMMAND The definitions of an accident and a serious incident as well as examples thereof can be found in Regulation (EU) No 996/2010 of the European Parliament and of the Council.

AUTHORITY TO REFUSE CARRIAGE OR DISEMBARK This may include:

(a)passengers who have special needs that cannot be provided on the aircraft; or

(b)persons that appear to be under the influence of alcohol or drugs.

REPORTING OF HAZARDOUS FLIGHT CONDITIONS

(a)These reports should include any detail which may be pertinent to the safety of other aircraft.

(b)Such reports should be made whenever any of the following conditions are encountered or observed:

(1)severe turbulence;

(2)severe icing;

(3)severe mountain wave;

(4)thunderstorms, with or without hail, that are obscured, embedded, widespread or in squall lines;

(5)heavy dust storm or heavy sandstorm;

(6)volcanic ash cloud; and

(7)unusual and/or increasing volcanic activity or a volcanic eruption.

(c)When other meteorological conditions not listed above, e.g. wind shear, are encountered that, in the opinion of the pilot-in-command, may affect the safety or the efficiency of other aircraft operations, the pilot-in-command should advise the appropriate air traffic services (ATS) unit as soon as practicable.

MITIGATING MEASURES — FATIGUE The use of additional crew members and/or controlled rest during flight as described in GM1 NCC.GEN.106(d) may be considered as appropriate fatigue mitigating measures.

MITIGATING MEASURES — FATIGUE — CONTROLLED REST IN THE FLIGHT CREW COMPARTMENT

(a)This Guidance Material (GM) addresses controlled rest taken by the minimum certified flight crew. It is not related to planned in-flight rest by members of an augmented crew.

(b)Although flight crew members should stay alert at all times during flight, unexpected fatigue can occur as a result of sleep disturbance and circadian disruption. To cater for this unexpected fatigue, and to regain a high level of alertness, a controlled rest procedure in the flight crew compartment, organised by the pilot-in-command, may be used, if workload permits. ‘Controlled rest’ means a period of time ‘off task’ that may include actual sleep. The use of controlled rest has been shown to significantly increase the levels of alertness during the later phases of flight, particularly after the top of descent, and is considered to be good use of crew resource management (CRM) principles. Controlled rest should be used in conjunction with other on board fatigue management countermeasures such as physical exercise, bright flight crew compartment illumination at appropriate times, balanced eating and drinking and intellectual activity.

(c)Controlled rest taken in this way should not be considered to be part of a rest period for the purposes of calculating flight time limitations, nor used to justify any duty period extension. Controlled rest may be used to manage both sudden unexpected fatigue and fatigue that is expected to become more severe during higher workload periods later in the flight. Controlled rest is not related to fatigue management, which is planned before flight.

(d)Controlled rest periods should be agreed according to individual needs and the accepted principles of CRM; where the involvement of the cabin crew is required, consideration should be given to their workload.

(e)When applying controlled rest procedures, the pilot-in-command should ensure that:

(1)the other flight crew member(s) is(are) adequately briefed to carry out the duties of the resting flight crew member;

(2)one flight crew member is fully able to exercise control of the aircraft at all times; and

(3)any system intervention that would normally require a cross-check according to multi-crew principles is avoided until the resting flight crew member resumes his/her duties.

(f)Controlled rest procedures should satisfy the following criteria:

(1)only one flight crew member at a time should take rest at his/her station; the harness should be used and the seat positioned to minimise unintentional interference with the controls;

(2)the rest period should be no longer than 45 minutes (in order to limit any actual sleep to approximately 30 minutes) so as to limit deep sleep and associated long recovery time (sleep inertia);

(3)after this 45-minute period, there should be a recovery period of 20 minutes during which sole control of the aircraft should not be entrusted to the flight crew member taking controlled rest;

(4)in the case of two-crew operations, means should be established to ensure that the non-resting flight crew member remains alert. This may include:

(i)appropriate alarm systems;

(ii)on board systems to monitor flight crew activity; and

(iii)where cabin crew are on board the aircraft, frequent cabin crew checks. In this case, the pilot-in-command should inform the cabin crew member of the intention of the flight crew member to take controlled rest, and of the time of the end of that rest; frequent contact should be established between the non-resting flight crew member and the cabin crew by communication means, and the cabin crew should check that the resting flight crew member is alert at the end of the period;

(5)there should be a minimum of 20 minutes between two sequential controlled rest periods in order to overcome the effects of sleep inertia and allow for adequate briefing;

(6)if necessary, a flight crew member may take more than one rest period, if time permits, on longer sectors, subject to the restrictions above; and

(7)controlled rest periods should terminate at least 30 minutes before the top of descent.

VIOLATION REPORTING If required by the State in which the incident occurs, the pilot-in-command should submit a report on any such violation to the appropriate authority of such State; in that event, the pilot-in-command should also submit a copy of it to the competent authority. Such reports should be submitted as soon as possible and normally within 10 days.