Canadian Aviation Regulations · SOR/96-433
Introducing Split Flight Duty After an Unforeseen Circumstance
If an unforeseen operational circumstance comes up after the FDP has started, the operator may turn it into a split flight duty — but only with the PIC's agreement, and only before the scheduled ground break begins.
Applies to 703704705 · in force since December 12, 2020
Section 700.63 covers the pilot-in-command extending an FDP for an unforeseen operational circumstance. Section 700.64 is the narrower case where the operator instead wants to turn the FDP into a split flight duty part-way through.
The conditions
The operator may make that change only if (700.64(1); AC 700-047 § 4.75):
- an unforeseen operational circumstance arose after the FDP began,
- the pilot-in-command agrees, and
- the change is made before the scheduled ground break starts — and the scheduled break must start after the decision is made. Time spent waiting for the decision doesn’t count toward the break.
The break itself is then credited under 700.50, but at the unforeseen-circumstance rate — 50% of the break provided (700.50(1)(c)).
The PIC can say no
The PIC shall not agree if, after consulting all crew members on their fatigue, they think the split could cause fatigue that may affect the safety of the flight (700.64(2); AC 700-047 § 4.76).
Related
Regulation text — CARs 700.64
Reproduced from the consolidated Canadian Aviation Regulations ( SOR/96-433) on the Justice Laws website. CARs 700.64
700.64 (1) In the event of an unforeseen operational circumstance that occurs after the beginning of the flight duty period, an air operator may change a flight crew member’s flight duty period to include a split flight duty in accordance with section 700.50 if the pilot-in-command agrees and the change is made before the scheduled break on the ground.
(2) The pilot-in-command shall not agree to the change if they are of the opinion, after consulting with all other crew members, that a split flight duty period could lead to a level of fatigue that may adversely affect the safety of the flight.
What changed in 2018
In plain language
New with the 2018 rules: a controlled way to add a split-duty break mid-trip in response to an unforeseen operational circumstance.
Paraphrased from Advisory Circular 700-047 .