UK/EU Regulations

[dallas]

I tried this on the Instructors thread, thinking they'd know the books...but nothing yet...so here goes here:

1. Where does it definitively state that the UK has elected to use CAP371 over EU Ops Subpart Q? I've found it in a couple of CAA Q&A docs, but surely it must be in a ORS or something?

2. Appreciating EASA Ops is presently a grey area in terms of timelines, is there a CAA guide anywhere that legislates which bits of which set of rules an operator should be using on a given day?

[Miles Magister]

Dallas

There is no such regulation. It depends what you wish to use CAP 371 for. The CAP is recommendation. If you wish to have an approved FTL programme you must write your own to suit your needs then submit it through your FOI who will forward it to the FTL dept for approval. The chances are they will only approve ones based on CAP 371 unless you have a very good case for any differences.

This stands until subpart Q is accepted into legislation.

MM

[dallas]

Thanks Miles - if I may follow-up:

a. How is anyone supposed to know subpart Q has not been accepted into legislation? (versus other subparts). Or is that simply something you find out when you meet the FOI?

b. If the UK goes for maximum derogation on subpart Q that's a 2-year timescale, so with CAA mentioning keeping CAP371 from 2008, shouldn't derogation now have elapsed?

If you can point me to the official status of all this I'd be very grateful.

[Don Coyote]

ANO Article 149 details that the scheme required by EU-OPS has been approved by the CAA and EU-OPS 1.1090 5.1.1 allows an Authority to grant variations to subpart Q.

From the CAA website Preparing an application (http://www.caa.co.uk/default.aspx?catid=1196&pagetype=90&pageid=8254) towards the bottom:-

"The ANO requires AOC holders in most circumstances to operate only in accordance with the provisions of an FTL scheme approved by the CAA.
Schemes compliant with CAP 371 - "The Avoidance of Fatigue in Aircrews" will be approved although alternative schemes may also be approved if the CAA is satisfied that an equivalent level of safety will be achieved.
Operators may apply for a variation from the standard provisions in their scheme. A variation will be granted only in exceptional circumstances and application must be accompanied by supporting medical opinion and consent of the crew."

[dallas]

Thanks Don - that should do the trick. :ok: