discretion Commanders Discretion has changed a lot over the years, but its way more complicated than it should be By Captain Simon Williams, Log Chief Editor, with Simon Roberts, BALPA Scheduling Specialist, and Captain John Hatton ts that wonderful time of year again: summer, where its traditional for our beloved employers to start rooting down the back of the corporate sofa, desperately looking for the metaphorical spare change that will allow them to declare the season a resounding success and justify their innumerable incentives. For us, it frequently means the hardest time of the year, where schedules are tight, duties are long, risks of industrial disruption are high, and a reoccurrence of those occasionally mythical thunderstorms which always seem to be far worse inside managements head than the rest of us experience in reality. Commanders discretion (CD) has had a rather rough time since EASA FTL was adopted; in those halcyon days of CAP371, it was a simpler affair. For all of EASA FTLs failings, CD has changed for the good in some respects, but it has become demonstrably more complicated and appears fundamentally misunderstood, not least because there are actually several different versions, only two of which are similar to those employed by CAP371. Please bear in mind that this article is written from a pilots own perspective of how CD is applied in the usual routine of carrying out flying duties; as always, it is essential to check your own companys Ops Manual. Commanders Discretion to Extend a Flight Duty Period (FDP) This is the most common form of discretion, often to the detriment of awareness of the other forms (see facing page). The current limit is two hours, a one-hour reduction of that available under CAP371; the only caveat being if inflight rest is used, it can be extended to three hours. Under EASA rules, a commander must not get airborne on the final sector of a duty if that means operating past these limits. A commander needs to think of CD to Extend an FDP less like a students lowinterest bank overdraft (its like free money!), and more like a last-resort method of getting out of trouble according to EASA, its use should be an exceptional circumstance. Anecdotally, it seems that this is not always the case and, either through miseducation or misuse, the students overdraft simile seems more appropriate. This is wrong and should be shouted from the rooftops. We are talking about the fundamental need to maintain a safe operation at all times through avoiding fatigue, sub-optimal alertness and fitness. Please never forget this when weighing up the options available to you. Furthermore, it isnt just the commanders fitness that is in question its all crew necessary for the safe operation of the continued duty that require assessment, with both physical and mental wellbeing equally considered. It might help if you were aware of what the rules were, and for that youd need to plumb the murky depths of EASA FTLs, specifically ORO.FTL.205. It is far easier to adjust ones attitude to CD if one has a good idea of the legality. But, while familiarising yourself with this ruleset, its worth browsing EASAs FTL Q&A on its surprisingly good website, as it raises a salient point, that of unforeseen circumstances. Commanders discretion may be used to modify the limits on the maximum daily FDP (basic or with extension because of in-flight rest), duty and rest periods in the case of unforeseen circumstances in flight operations beyond the operators control, which start at or after the reporting time. Considering the ICAO definition of unexpected conditions, unforeseen circumstances in flight operations for the purpose of ORO.FTL.205(f) are events that could not reasonably have been predicted and accommodated, such as bad weather, equipment malfunction or air traffic delay, which may result in necessary on-theday operational adjustments. Commanders cannot be expected to exercise discretion without an understanding of the events that constitute unforeseen circumstances. It is, therefore, necessary that they receive appropriate training on the use of commanders discretion along with how to recognise the symptoms of fatigue and to evaluate the risks associated with their own mental and physical state and that of the whole crew. Operators should ensure that sufficient margins are included in schedule design so that commanders are not expected to exercise discretion as a matter of routine. Youll note in the above such phrases as unforeseen circumstances and start at or after the reporting time. These are crucial tests with regard to the legality of CD and need to be rigorously observed. Dont forget, discretion is designed to get you out of Bucharest on a dark wintry night, but not much more. A further word of caution some companies have been trying to redefine the point at which an extension to FDP would be available, for example by modifying a delayed report procedure in order to circumvent a circumstance that would have otherwise been foreseen. A related subject is the legality of leaving home base. The guidance essentially says that as the extension of an FDP by the use of CD interferes with the interest of safety defined within the basic regulation, its use at home base or hub should be limited to extraordinary circumstances and avoided where possible. Unfortunately, the law is less supportive in this case and effectively recommends rather than enforces an AMC (Acceptable Means of Compliance) only becomes a formal law once written into a companys Ops Manuals and without it has very little standing. Nevertheless, should you be asked to leave your home base with a high chance of having to use CD to complete the duty, it is conceivable that should something subsequently go wrong, the commanders decision would be thoroughly investigated caveat emptor! DONT FIND YOURSELF MAKING AN APPROACH INTO A DIFFICULT AIRFIELD HAVING BEEN ON DUTY FOR MORE THAN 12 HOURS ENDING IN TEARS MIGHT BE THE BETTER OUTCOME READ MORE European cockpit association says: Commanders Discretion to Increase a Rest Period This is probably the second most valuable form of modern discretion, and seemingly poorly understood and used. It is entirely reasonable within the realms of the regulations to inform the company that at least two members of crew need their rest subsequent to the current duty extended, and it is up to the commander to agree with the crew in question the amount of extra rest required. Clearly this could be a source of abuse, so it should be recommended that any extra rest is deployed proportionally and reasonably. Most beneficially, this could be used in conjunction with discretion to extend an FDP for example, the duty ends up being 15 hours with an off-duty time delayed until 0300L. Taking into account the arduous nature of the duty caused by weather delays, disruptive passengers and the effective loss of a nights sleep, the commander decides to extend rest by two hours in order to ensure the crew members are adequately rested before being available for the next duty. Commanders Discretion to Reduce a Flight Duty Period Another option available to a commander is the ability to impose lower restrictions on the published and applicable FDP limits. Unforeseen circumstances on the day of operation, that may have a detrimental effect on flight safety and induce possible fatigue, could make operating to the legal max FDP ill-advised and unsafe. It is entirely within the remit of a commander to reduce the limit to something more appropriate, having assessed the fitness of the entire crew. Commanders Discretion to Reduce a Rest Period This is a more controversial option, given it could be argued that such an action is making the situation less safe. However, a reduction to a minimum of 10 hours (with an eight-hour sleep opportunity) is provided for under ORO.FTL.205 and is, therefore, available to a commander should it be deemed necessary. A likely example of its use would be an impromptu stay at a hotel down-route. As per the discretion to Extend a Flight Duty Period, the commander should feel under no pressure to implement this form of discretion, only do it under agreement with all affected crew, and when it is clear that safety margins have not been eroded because of lack of fitness. Furthermore, they should face no sanction from their companies should it ultimately be denied. Other Forms of CD Some manuals or the ruleset may make reference to other forms of CD, which perhaps apply in more niche circumstances. While they are not addressed here, the central conceit of this article be aware of the rules of use of CD and when it may be illegal or inappropriate to make use of it still applies. Should your experience of deploying certain types of CD (or refusing to do so) be negative or even sanctioned, please let your BALPA reps know and give serious thought to filing an MOR. Below is a quick prcis published by the European Cockpit Association, but please make sure you reference your own manuals (OM-A and/or FRMS) in case there is a variation agreed with the regulator. Above all, stay safe this summer. Dont find yourself making an approach into a difficult airfield having been on duty for, perhaps, more than 12 hours remember, discretion is the better part of valour. COMMANDERS DISCRETION A dummys guide to