Who must comply with Fatigue Risk Management System (FRMS) — Pt 121, 135, 141, 142?

Air operators must operate within prescribed FDP or approved FRMS.

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.

Applies when the business has industry: Aviation (incl. drones).

How the regulator frames it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in aviation (incl. drones): for every structure the answer is "yes".

Size does not change the answer in aviation (incl. drones): at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in aviation (incl. drones) with 6–19 employees, turnover $1M–$3M: applies. Industry: Aviation (incl. drones)
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Aviation (incl. drones)

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).

Frequency

Ongoing

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.

Status

Current

Priority

High

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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so does this one: the engine uses the same rule for each.

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

• Hold a Remote Pilot Licence / RPAS operator certificate (drones): Commercial drone operations require operator certification + remote pilot licensing.

Rules Mate tracks 3 published obligations tagged "aviation", 1 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulated by Civil Aviation Safety Authority.

CASA: Aviation safety regulator. Administers Civil Aviation Safety Regulations including RPAS / drone operations.

• Civil Aviation Safety Authority

Civil Aviation Act 1988: Federal civil aviation safety regulation.

• Civil Aviation Act 1988

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness