ALPA@Work: Flight-Time/Duty-Time Changes on the Horizon
After Years of Inaction, Regulations Advance in Canada
By Corey Caldwell, Contributing Writer
After a previous government stalled ALPA’s efforts to revise flight-time/duty-time regulations in Canada for years, on June 21 the new government made progress toward its pledge for “real change” when Transport Canada announced recommendations to implement new flight- and duty-time rules. While the long-overdue announcement was a step in the right direction after nearly six years of inactivity, there is still work to be done regarding the implementation timeline.
The recommendations provide guidance for large airline operations, Part 705 carriers, to implement new flight- and duty-time regulations within one year after publication in Canada Gazette II. The commuter airlines and air taxi operators, Parts 704 and 703, will have up to four years to implement the regulations. In addition to granting these carriers an additional three years, Transport Canada has indicated that it will likely not publish these recommendations in Gazette I until spring 2017, followed by Gazette II in fall 2017, giving operators until 2021, or perhaps later, to implement the changes—nearly a decade after the rules were first proposed.
ALPA’s Canada Board has called Transport Canada’s proposed implementation plan for these aircraft operators “unacceptable.”
“Flight-time/duty-time and minimum rest requirements have been one of the most important aviation safety standards for flight crews. We are thankful to this government for acting on this vital step forward for aviation safety, but it is crucial that there be a single, timely implementation process for all Canadian carriers,” said Capt. Dan Adamus (Jazz Aviation), ALPA’s Canada Board president.
In August 2010, Transport Canada convened a working group, co-chaired by ALPA, to review and propose amendments to regulations related to managing flight crew fatigue. In 2012, after consensus was achieved, a notice of proposed amendment (NPA) was issued. Despite ALPA’s urging to expedite the process of bringing Canada’s flight- and duty-time regulations in line with science-based fatigue knowledge, the recommendations remained dormant. Just six months after the new government took office and upon ALPA’s urging, Transport Canada revisited the NPA.
While full details regarding the recommendations will not be available until published in Gazette I, ALPA expressed concerns about the differing timelines, citing the importance of mitigating flight crew fatigue for all Canadian carriers in a timely manner. ALPA’s Canada Board will continue to work with government officials to move forward on one defined path to science-based flight and duty regulations for Canadian airline operations.
“Airline pilots in Canada have waited too long to bring our country’s flight- and duty-time regulations up to world standards. While we have been waiting, other countries around the world have made significant advancements toward harmonizing international flight-time/duty-time requirements. We cannot continue to let Canada fall behind,” added Adamus.
The path to new fatigue rules in the United States has not been without its share of frustration, as well. When the U.S. government finally implemented flight-/duty-time regulations for passenger-carrying airlines (FAR Part 117) in 2014, the much-needed, and also long-awaited, safety improvements did not include cargo operations.
“Pilot fatigue has been on the forefront of ALPA advocacy since the Association was founded 85 years ago. While there has been significant progress made toward recognizing the importance of science-based fatigue rules for pilots carrying both passengers and cargo, there is still more work that we can do to ensure one level of safety for all pilots,” said Capt. Tim Canoll, ALPA’s president. “Transport Canada’s decision to include cargo operations on an equal basis with passenger operations, just six months after the new government took office, is a testament to ALPA’s continued dedication to advancing this issue on behalf of our Canadian members. Because of these efforts, we now have a defined path to science-based flight and duty regulations and the opportunity to make progress on a single implementation timeframe.”
