Nightrider
24th Apr 2009, 11:02
More and more countries outside the EU are introducing JAR / EU Ops to comply with requirements for possible / existing bilateral agreements; Open Sky is the goal.
The country I operate from has done so as well, a one to one copy of the subpart Q has been made law and all are lost in translations and individual interpretations, no guidance available at all.
While I was able to trace a couple of issues and have them solved, there is an interesting one on the agenda right now:
The weekly 36 hrs incl. 2 nights....
Some companies in Europe have limited the amount of continous duty days to 6, some to 7. Following the law without any comments and interpretations, following situation is possible:
Last duty ends Friday at about 23:00
Next duty starts on Sunday at 23:10
gives 2 local nights and 48:05 hrs off, perfect, well, for the law.
Looking at the 168 hrs rule it will allow you to continue duties without any day off until next Sunday 23:09
There is, however, the wording that a weekly off-period incl. 2 nights has to be provided.
The word weekly implies that it has to happen in a week.
This means also that the weekly off incl. 2 nights has to be completed inside a week.
A week is defined as starting Monday morning at 0:00 and ends at Sunday 24:00. This is from the Oxford Dictionary, not from the law. There is no weekly or week definition in the law anymore.
There is, following the 168 hrs rule, no weekly off period possible.
As far as I understand the subpart Q, this sentence has 2 rules, the 168 hrs as well as the weekly requirement.
Question now, does anyone have any documentation, comments etc. to find the correct interpretation?
The country I operate from has done so as well, a one to one copy of the subpart Q has been made law and all are lost in translations and individual interpretations, no guidance available at all.
While I was able to trace a couple of issues and have them solved, there is an interesting one on the agenda right now:
The weekly 36 hrs incl. 2 nights....
Some companies in Europe have limited the amount of continous duty days to 6, some to 7. Following the law without any comments and interpretations, following situation is possible:
Last duty ends Friday at about 23:00
Next duty starts on Sunday at 23:10
gives 2 local nights and 48:05 hrs off, perfect, well, for the law.
Looking at the 168 hrs rule it will allow you to continue duties without any day off until next Sunday 23:09
There is, however, the wording that a weekly off-period incl. 2 nights has to be provided.
The word weekly implies that it has to happen in a week.
This means also that the weekly off incl. 2 nights has to be completed inside a week.
A week is defined as starting Monday morning at 0:00 and ends at Sunday 24:00. This is from the Oxford Dictionary, not from the law. There is no weekly or week definition in the law anymore.
There is, following the 168 hrs rule, no weekly off period possible.
As far as I understand the subpart Q, this sentence has 2 rules, the 168 hrs as well as the weekly requirement.
Question now, does anyone have any documentation, comments etc. to find the correct interpretation?