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Old 18th Aug 2003, 23:09
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BigTellyMan
 
Join Date: Jan 2001
Location: UK
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FTL, Discretion and JAR regulations

Well, how to start?


JAR-OPS 1.020 Laws, Regulations and Procedures - Operator's Responsibilities states:-

(a) An operator must ensure that:

(2) All crew members are familiar with the laws, regulations and
procedures pertinent to the performance of their duties.


JAR-OPS 1.085 Crew responsibilities states:-

(d) A crew member shall not perform duties on an aeroplane:

(5) If he knows or suspects that he is suffering from fatigue or
feels unfit to the extent that the flight might be endangered.

I read this that if the company, working within the JAR-OPS regulations, has made the crews fully aware that they must not fly when fatigued.

My problem is that crew members are being told by the Ops Director that if they refuse to fly into discretion, sometimes by up to two hours, they will be suspended on the spot. Threats are also made from other quarters. Threats of this nature are a regular feature within this company.

Crew members are afraid to talk to CHIRPS as they feel that the complaints will get traced back to them, despite my reassurances.

Does the crew member fly and break the regulations or run the risk of ultimately being dismissed for refusing to break the regulations?

A VERY sorry state of affairs!!

BTM
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