This is
CAP 371 . It is the Civil Aviation authority publication that provides the framework for each companys CAA approved FTL scheme. Page 12 section 18 is the reference for
Captains Discretion to extend a flying duty period.
I cannot see that there is a great deal to interpret here. It clearly states that :
An aircraft commander may
at his discretion and after taking note of the circumstances of other members of the crew, extend an FDP beyond that permitted in section 13.3 provided he is satisfied that the flight can be made safely.
The extension shall be calculated according to what actually happens, not on what was planned to happen. An extension of 3 hours is the maximum permitted, except in cases of emergency.
A commander is
authorised to excercise his discretion in the following circumstances and to the limits set. In a flying duty period involving 2 or more sectors, up to a maximum of 2 hours
may be excercised prior to the first and subsequent sectors, but this may be up to 3 hours prior to the start of a single sector flight,
or immediately prior to the last sector of a multi sector flight.
I cannot see the ambiguity myself. The final decision rests with the Captain. The company cannot roster a flight that is clearly going to require discretion at the planning stage, but it is acceptable, albeit not compulsory, for a flight to depart knowing that discretion will be needed prior to the first, last or any sector in between up to the limits specified. Which part of the CAP 371 are you saying would not allow for this ? In any event as the Captain it is always your final decision.
I agree there are indeed many instances of pressure being applied to Captains to operate( not always obviously ) outside of the rules and regulations. If and when this happens it is of course the duty of the Captain to act as final judge and decide accordingly. That is in part why we are appointed to the rank, and a large part of what we are paid for. Staying with the judge analogy for a moment. In a courtroom the advocates also apply pressure to the judge to make a decision which satisfies their ( or their clients) agenda. Not of all of that pressure will have merit or be correct necessarily, but it still requires the Judge or Captain ( if you will) to be the final arbiter.
In this industry as in many others, there are serious commercial pressures, and resulting from those, the pressure applied to individuals is often going to vary in its intensity and accuracy. I totally accept that there may be occaisions when an individual has pressure applied to them to go against their best judgement. Whatever form that takes and however the individual reacts is always going to be a result of the realities and perception of risk at the time. But at the end of the day you are the Captain ( for those that are), and the buck stops with you as far as any individual flight is concerned.