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-   -   The New rules interpretation thread. (https://www.pprune.org/australia-new-zealand-pacific/641070-new-rules-interpretation-thread.html)

Mach E Avelli 17th Jun 2021 02:32

Rules are for the guidance of wise men and the blind obedience of fools.
Go for that piss before you wet your pants.

Lead Balloon 17th Jun 2021 04:06

I wouldn’t sweat it, unless you are Superman or otherwise able to derive support in the atmosphere from the reactions of the air on your own.


The aircraft is flying, not the pilot. Even if (1)( b) is interpreted to mean “while the pilot in command is flying the aircraft in that airspace”, the pilot in command is not flying the aircraft while s/he is in the toilet.


(1) The pilot in command of an aircraft for a flight contravenes this subregulation if:

(a) during the flight, the aircraft is flown in controlled airspace; and
(b) the pilot in command does not continuously monitor the primary communications medium used by air traffic control while flying in that airspace.

Transition Layer 17th Jun 2021 04:48

Maybe a CPDLC interface in the ****ter would do the trick!

BuzzBox 17th Jun 2021 05:40


Originally Posted by Transition Layer (Post 11063345)
Maybe a CPDLC interface in the ****ter would do the trick!

Or a headset with a very long lead.

neville_nobody 17th Jun 2021 06:11


Rules are for the guidance of wise men and the blind obedience of fools.
Go for that piss before you wet your pants.
Which is all well and good until something goes wrong whilst you're out and then some overzealous CASA official looking to deflect blame find these rules.

How about we get a decent ruleset instead?

compressor stall 17th Jun 2021 06:25

So is the consensus interpretation that if you are flying in CTA, if you want to leave the cockpit even for a quick pee, you must have a co-pilot that has either:

1. A Captain checked to line on same fleet
2. A Co-pilot with an ATPL who has been line checked?

But if you are flying OCTA, you can just hand over to the other pilot?

Dehavillanddriver 17th Jun 2021 06:28

As the captain of a long haul aeroplane with 4 pilots, I remain the pilot in command even when in the bunk asleep.

That said, the way that is framed shows the lack of understanding the people who author these things really have, which is sad, gone are the days when the regulators were experienced industry professionals, not the regulators are the OLC and someone who came out of law school into the public service.

C441 17th Jun 2021 06:38

Not so long ago I had to have a Flight Attendant babysitting me on the flightdeck when the other pilot went for a slash. They're obviously competent at flightdeck oversight so just get 'em back up now! :ok:

Lead Balloon 17th Jun 2021 09:28

Under the Australian rules, isn’t the operator obliged to nominate one, and one only, person to be the PIC of an aircraft for a flight? If yes, how can someone else be PIC during that flight while the nominated person is using in the amenities (or sleeping)?

compressor stall 17th Jun 2021 10:10


Originally Posted by Lead Balloon (Post 11063482)
Under the Australian rules, isn’t the operator obliged to nominate one, and one only, person to be the PIC of an aircraft for a flight? If yes, how can someone else be PIC during that flight while the nominated person is using in the amenities (or sleeping)?

121.490 Assignment to duty as pilot in command

(1) The operator of an aeroplane for a flight contravenes this subregulation if, when the flight begins, none of the pilots assigned as flight crew members for the flight is assigned to duty as the pilot in commandof the aeroplane for the flight.

(2) A person commits an offence of strict liability if the person contravenes subregulation (1).

BuzzBox 17th Jun 2021 13:18


Originally Posted by Lead Balloon (Post 11063482)
Under the Australian rules, isn’t the operator obliged to nominate one, and one only, person to be the PIC of an aircraft for a flight? If yes, how can someone else be PIC during that flight while the nominated person is using in the amenities (or sleeping)?

121.535 provides for relief of the PIC, but it doesn’t explain how an FO or SO without an ATPL can be left in charge.

SHVC 17th Jun 2021 21:38

Even if the PIC cant leave their seat whilst OCTA or whatever this is about. If the PIC has not gone to the lav by TOD, or hold on until landing there is bigger problems

Lead Balloon 17th Jun 2021 22:40


Originally Posted by BuzzBox (Post 11063637)
121.535 provides for relief of the PIC, but it doesn’t explain how an FO or SO without an ATPL can be left in charge.

Where is the “relief” - good pun by the way - from 91.635?

The PIC remains the PIC, even while being “relieved”.

BuzzBox 17th Jun 2021 23:41


Originally Posted by Lead Balloon (Post 11063883)
Where is the “relief” - good pun by the way - from 91.635?

The PIC remains the PIC, even while being “relieved”.

121.535 (2) or (3) allows the PIC to delegate the conduct of the flight to an appropriately qualified pilot who meets the specified requirements, no?

Lead Balloon 18th Jun 2021 00:00

But the same person remains the PIC, nonetheless.

Lead Balloon 18th Jun 2021 00:04

Hopefully we’ll be able to get ICUS weaved into this…

Global Aviator 18th Jun 2021 00:13


Originally Posted by Lead Balloon (Post 11063906)
Hopefully we’ll be able to get ICUS weaved into this…

I like it! In command under supervision while the supervisor is in the ****ter!

:ok:

clark y 18th Jun 2021 00:13

I can't weave ICUS into this conversation but is Class E considered controlled airspace for an IFR flight?

Buttscratcher 18th Jun 2021 04:24

Why do you care?
......do you really need written permission to take a piss now.

Duck Pilot 18th Jun 2021 06:27

There are a lot more warts in the new ops regs, trust me as I spent 2 years with CASA writing the 91 and 135 regs!

I went into bat for common sense rules on many occasions and I was bowled out on many occasions, however I did have a little success. I got frustrated and moved on.

In CASA’s defence, it’s certainly not the people in CASA dictating how the new rules have been drafted, it’s the federal government lawyers. This is something that most people in industry don’t understand.


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