Q&A
For an unforeseen operational circumstance, who has the authority to extend a flight duty period?
The pilot-in-command. The operator may provide guidance, but the decision to extend or reduce an FDP because of an unforeseen operational circumstance rests with the PIC, after consulting all crew members on their level of fatigue.
CARs reference: 700.63(1)
When an unforeseen operational circumstance (UOC) occurs within 60 minutes before the beginning of, or during, a flight duty period, the pilot-in-command may take action under CARs 700.63(1) if the PIC is of the opinion that the circumstance could lead to a level of fatigue that may adversely affect the safety of the flight.
After consulting all crew members on their level of fatigue, the PIC may:
- reduce a flight crew member’s FDP,
- extend it beyond the 700.28 or 700.60 maximum — by up to 1 hour for a single-pilot operation, 2 hours for a non-augmented crew, 3 hours for an augmented crew with one flight, or 2 hours for an augmented crew with two or three flights, or
- extend a flight crew member’s rest period.
The operator’s role
The authority to make a change under 700.63 rests with the pilot-in-command, not the operator (AC 700-047 § 4.71).
The operator may provide guidance on the use of UOC provisions, but it cannot make the 700.63 decision on the PIC’s behalf. The regulation places the decision with the PIC and requires the PIC to first consult all crew members about their level of fatigue.
The regulation specifies maximum amounts by which an FDP may be extended, but does not specify an equivalent limit on how much the PIC may reduce an FDP or extend a rest period.
If the circumstance was foreseeable
For the purposes of 700.63, the event must occur within 60 minutes before the beginning of, or during, the FDP and must be beyond the operator’s control.
An event that occurs more than 60 minutes before reporting is not considered an unforeseen operational circumstance and the FDP cannot be extended on that basis (AC 700-047 § 4.70).
A further UOC on the final flight
If the PIC has already extended the FDP under 700.63(1), and a further unforeseen operational circumstance arises after take-off on the final flight, the PIC may continue that flight to the destination or an alternate aerodrome even if doing so exceeds the extension permitted under 700.63(1) (CARs 700.63(2)).
After the FDP
If an FDP is extended under 700.63, the operator must increase the following rest period by at least the amount of the FDP extension (CARs 700.63(3)).
At the end of the FDP, the PIC must notify the operator of any change to the FDP made under 700.63 (CARs 700.63(4)).