4.1 Accountability of Flying and Duty Hours

Q. When a pilot undertakes secondary employment what is the requirement to maintain a record of flying?

A. CAP 371 states that pilots operating on a freelance basis are required to maintain a record of flying and duty hours which must be presented to an operator before undertaking a duty period. Similarly, when a pilot undertakes secondary employment, whether paid, unpaid, instructional or reserve flying in aircraft having a Maximum Take-off Mass greater than 1600 kg, the same requirement applies in order that they meet their personal responsibility, not to be in breach of their company FTL scheme.

3.5 Secondary Employment

3.5.1 Commercial Air Transport (Public Transport) flights or flights operated by an air transport undertaking must be conducted by crews adhering to the requirements of an approved FTL Scheme. These Schemes specify the accountability of all flight and duty times of crew members. Some additional work-related activities, undertaken during assigned Days Off, could significantly impact on a crew member’s ability to sufficiently recover from both transient and cumulative fatigue. Certain activities, therefore, need to be recorded so that a crew member’s duty records adequately represent the overall potential for fatigue.

3.5.2 An example of when these activities need to be recorded is where a pilot undertakes secondary employment for which he has received the authority of the CAA and/or according to the privileges of a professional pilot’s licence, for example, duties undertaken in a flight simulator. The time engaged on these duties must be recorded and the crew member is required to provide this information to their primary employer (see Article 82(3) of the ANO 2005). The primary employer’s responsibility is to ensure that the minimum rest periods and Days Off requirements contained in their approved FTL Scheme are met.

3.5.3 Attempting to control other secondary and recreational activity through a similar process would create a significant administrative burden for both operators and crew members. In particular, it would be very difficult to define and account for ‘relevant activities’. Operators should therefore ensure that crew members are aware of the need to act in a professional manner in discharging their legal responsibilities under Article 83 of the ANO, by ensuring that effective use is made of all planned rest periods.