Does Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142 apply to aviation (incl. drones) businesses?

Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142. 1 Instrument 2019, which applies from 2 December 2021 as conditions on Air Operator's Certificates (under s 28BA of the Civil Aviation Act 1988) and on Part 138 and Part 141 certificates and flight crew licences. Each operator chooses, for each flight crew member, the appendix that sets their limits: basic limits (Appendix 1), multi-pilot, any-operation, balloon, medical transport and emergency service, aerial work and flight training appendices, or an approved Fatigue Risk Management System under Appendix 7.

Trigger: Holding an AOC or Part 138 or 141 certificate and rostering flight crew, or a pilot beginning any flight task.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142" is no. Aviation (incl. drones) is one of the 1 where the answer is different: yes.

The deciding fact for aviation (incl. drones) businesses: Industry: Aviation (incl. drones)

About the industry: Aircraft operators and RPAS / drone operators regulated by CASA.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Aviation (incl. drones)).

Each cell is the engine's outcome for a business in aviation (incl. drones) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Continuous: limits apply to every roster and flight duty period; the operations manual must state the chosen limits and employee fatigue responsibilities before operations; where a flight duty period exceeds 5 hours, crew must have access to a meal within the first 5 hours and at least every 5 hours after (except under an FRMS).

Evidence to keep

Operations manual setting out each applicable appendix's maximum and minimum limits, any operator-specific modifications and employee responsibilities for fatigue management; flight crew rosters and the other records and reports CAO 48.1 para 14.6 requires; fatigue reports; FRMS implementation approval and FRMS documentation where Appendix 7 is used.

Maximum penalty

CAO 48.1 requirements operate as conditions on the AOC, certificate or flight crew licence, so a breach is a contravention of those conditions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations. Penalty amounts were not restated here.

Regulator

CASA

Jurisdiction

Commonwealth (national)

• Air Operator's Certificate & AMOS (CASR 119/121): Yes