AFAP Virgin FRMS Update - Guidance for Pilots on Unforeseen Operational Circumstances that permit an Extension of FDP
Since our last update on this topic, as pilots are aware Virgin management has not notified pilots in writing of the CASA determination on the correct application of Unforeseen Operational Circumstances (“UOC”) that permit an Extension of FDP as required under the Virgin FRMS and CAO48.1.
As most pilots would be aware, CAO48.1 incorporates changes in the application of extensions which the AFAP believe are not currently being applied correctly or consistently across the Australian aviation industry. Specifically, we have sought Virgin provides CASA approved clarification for pilots on the definition and application of UOC.
Pilots will have seen
the letter from CASA to Virgin which we note has been the subject of interpretation by Virgin which is contrary to the AFAP’s view. We discuss this further below.
Following receipt of the letter, Virgin has subsequently sought to clarify the correct application of UOC with CASA. Recently, Virgin management (Chief Pilot Alex Scamps, Rachael Burg - Manager Operations Risk and Business Support) met again with the AFAP (Cpt Marcus Diamond AFAP Safety and Technical Manager along with AFAP Virgin FSAG Pilot Representatives Peter Werda) to provide an update following Virgin’s further discussions with CASA on the application of UOC.
Virgin’s Position on the Application of UOC
In summary, Virgin confirmed to the AFAP that in its further discussions with CASA on UOC, CASA has not agreed (yet) with its interpretation of the regulations. While we acknowledge Virgin has been transparent with us (unlike other operators who have ignored our communications) its response on UOC is concerning.
Virgin advised the AFAP that its position is CAO48.1 Appendix 2 definitions/ rules do not apply to Appendix 7 (FRMS) holders. This position not only contravenes the explicit guidance issued by CASA on implementation of CAO48.1, but also contradicts Virgin’s repeated statements to the AFAP during negotiations that it needed a CAO48.1 Appendix 2 compliant rule set in the EA in order to meet its regulatory obligations.
Virgin’s position is further that the correct application of UOC is if weather or traffic affects the final destination, the planned weather or traffic holding is not added to the FDP prior to pushback to determine if a pilot will or will not extend.
Virgin believe that if a pilot can complete the FDP (excluding any weather or traffic) then the pilot must still take off for the final sector. Virgin’s position is pilots must take off even if this weather or traffic was known to Virgin/ pilots at the commencement of the FDP.
Virgin view is the decision to extend (or not) is only made once in the air when the holding eventuates. A Pilot then exercising their discretion not to extend may divert to a different port and land within the allowable FDP.
Despite holding firm views on the application of the rules, Virgin strangely has been unwilling to put these in writing to pilots. Instead, given Virgin cannot get approval for its interpretation from CASA, it has elected to join with Qantas and Jetstar to lobby for changes to the UOC rules to support its interpretation.
In the meantime, the Chief Pilot reiterated that the way the Company is currently operating is safe. While we do not disagree that the pilots are operating safely, the issue is ensuring that our members (and other Company personnel) know how to comply with the regulations.
Virgin also stated that it will not be communicating to pilots on this until it has clear position from CASA.
AFAP to Provide Industry Guidance
The AFAP through our Safety and Technical staff and pilot representatives have engaged in discussions with other FRMS representatives from across the industry and direct correspondence and consultation with CASA. We have also obtained through a Freedom of Information (“FOI”) request de-identified copies of questions from pilots and answers from CASA advisory service on the application of these rules.
Given CASA are under resourced it is not ensuring the industry are acting in compliance with regulations. In its absence the AFAP has developed detailed industry guidance clarifying the extension rules.
The AFAP Executive will meet to
confirm the AFAP guidance on July 19, 2023. We will provide CASA a short period to review before publishing to all AFAP members.
We appreciate members are seeking immediate guidance however it is important that given the significance of the step we are taking that the AFAP Executive review and approve the guidance as well as providing opportunity for the regulator to have input before we publish.
Further Material
In the interim, pilots should use their best judgment to apply the regulations using the guidance material from CASA
here.
Pilots should also not feel pressured into extending if they are not comfortable and can contact the AFAP on the details below for assistance.
For Pilots interested in the background to the UOC provisions, please see our
previous update.
Conclusion
We recognise the unacceptable lack of explicit guidance to pilots on the application of UOC. While bedding down new rules does require collaboration and development of updated guidance based on real world application, the complete lack of clarification is simply not acceptable.
We maintain that CASA is ultimately responsible for regulating the application of CAO48.1 and ensuring FRMS holders like Virgin, Jetstar and Qantas provide written clarification of fatigue rules to pilots.
Until the AFAP releases our guidance, members as licence holders can only rely on the written material provided by CASA above, which we urge members to review.
Pilots seeking guidance on extensions may contact the AFAP Safety and Technical staff team Cpt Marcus Diamond and Cpt Naomi Radke at the AFAP on (03) 9928 5737 or via email to
technical@afap.org.au. Alternatively, Pilots can contact AFAP FSAG Pilot Representatives Peter Werda and Rod Aldridge.
Pilots should please provide copies of any fatigue and extension reports to the AFAP at
technical@afap.org.au or
fatigue@afap.org.au. The AFAP will de-identify and collate data from these reports to use as part of FSAG.
Regards,
AFAP Safety and Technical Team
Cpt. Marcus Diamond - Safety and Technical Manager
Cpt. Naomi Radke - Safety & Technical Officer
Lachlan Gray - Safety & Technical Officer