Hong Kong Regulations

AIR NAVIGATION (HONG KONG) ORDER 1995 - SECT 54

Fatigue of crew-operator's responsibilities

Caution: This is a past version. See the current version here.

(1) The operator of an aircraft to which this Article applies shall not cause
or permit that aircraft to make a flight unless:

   (a)  he has established a scheme for the regulation of flight times for
        every person flying in that aircraft as a member of its crew; and

   (b)  the scheme is approved by the Governor subject to such conditions as
        he thinks fit; and

   (c)  either-

        (i)    the scheme is incorporated in the operations manual required by
               Article 25 of this Order, or

        (ii)   in a case where an operations manual is not required by that
               Article the scheme is incorporated in a document, a copy of
               which has been made available to every person flying in that
               aircraft as a member of its crew; and

   (d)  he has taken all such steps as are reasonably practicable to ensure
        that the provisions of the scheme will be complied with in relation to
        every person flying in that aircraft as a member of its crew.

(2) The operator of an aircraft to which this Article applies shall not cause
or permit any person to fly therein as a member of its crew if he knows or has
reason to believe that that person is suffering from, or, having regard to the
circumstances of the flight to be undertaken, is likely to suffer from, such
fatigue while he is so flying as may endanger the safety of the aircraft or of
its occupants.

(3) The operator of an aircraft to which this Article applies shall not cause
or permit any person to fly therein as a member of its flight  crew unless the
operator has in his possession an accurate and up-to-date record in respect of
that person and in respect of the 28 days immediately preceding the flight
showing-

   (a)  all his flight times; and

   (b)  brief particulars of the nature of the functions performed by him in
        the course of his flight times.

(4) The record referred to in paragraph (3) of this Article shall, subject to
the provisions of Article 61, be preserved by the operator of the aircraft
until a date 12 months after the flight referred to in that paragraph.