Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142
Air operators must operate within prescribed FDP or approved FRMS.
Who must comply
Holders of an Australian Air Operator's Certificate (other than a foreign air transport AOC), including AOCs covering Part 137 aerial application operations; Part 138 aerial work operators; Part 141 flight training operators; and the flight crew members they employ. The licence condition also binds pilots flying private operations. Operators conducting flight training solely in a flight simulation training device are excluded.
What triggers it
Holding an AOC or Part 138 or 141 certificate and rostering flight crew, or a pilot beginning any flight task.
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 required
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.
Max 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.
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Flight crew fatigue in Australia is regulated by Civil Aviation Order 48.1 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. Under the basic limits, for example, a flight duty period may not exceed 9 hours and must follow at least 8 consecutive hours' sleep opportunity. The operator must not roster a pilot it reasonably believes is unfit through fatigue, and pilots must not start a flight task if fatigue makes them unfit.
Enforced by
Source legislation
Industries
Topics
Related
- CWLTHAir Operator's Certificate & AMOS (CASR 119/121)Commercial air transport operators need an Air Operator's Certificate (AOC) under CASR Parts 119/121, plus an AMOS and a safety management system.
- CWLTHOffshore Petroleum and Greenhouse Gas Storage Act complianceOffshore petroleum + gas operators regulated by NOPSEMA.
- CWLTHHold a Remote Pilot Licence / RPAS operator certificate (drones)Commercial drone operations require operator certification + remote pilot licensing.
- CWLTHComply with Rail Safety National Law (RSNL)Rail transport operators must be accredited under RSNL + maintain safety management.
Frequently asked questions
- Who must comply with Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142?
- Holders of an Australian Air Operator's Certificate (other than a foreign air transport AOC), including AOCs covering Part 137 aerial application operations; Part 138 aerial work operators; Part 141 flight training operators; and the flight crew members they employ. The licence condition also binds pilots flying private operations. Operators conducting flight training solely in a flight simulation training device are excluded.
- What triggers Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142?
- Holding an AOC or Part 138 or 141 certificate and rostering flight crew, or a pilot beginning any flight task.
- When is Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142 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).
- What is the maximum penalty for Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142?
- 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.
- What evidence is required for Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142?
- 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.
Source: https://www.legislation.gov.au/F2019L01070/latest/text. Rules Mate is not a law firm. Always verify against the live regulator source before acting.