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COMMAND TRAINING

Training & Standards Department

1 st Jan 2005

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Contents

List of Contents

Page

1. Understanding CIVIL AVIATION LAWS and extracts from MCAR 1996 1.1 1.2 1.3 1.4 Objectives ICAO Department of Civil Aviation (DCA) Civil Aviation Law & Regulations in Malaysia 3 3 3 4 5 16 16 17 18 25 27 36

2. Air Operators Certificate (AOC) Approval 3. Powers of Authority 4. Accountable Manager 5. Responsibilities of Crew. 6. Crew Composition 7. Qualification Requirements 8. Flight & Duty Time Limitations

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1.

UNDERSTANDING CIVIL AVIATION LAWS AND EXTRACTS FROM MCAR 1996 Objectives: To enable aircraft commanders to understand briefly: a. b. c. d. ICAO and its role DCA and its role Civil Aviation Laws and Regulations in Malaysia Pertinent regulations from MCAR 1996

1.1

1.2

ICAO a. ICAO stands for International Civil Aviation Organisation. The HQ is based in Montreal, Canada. ICAO is responsible for ensuring that all aviation activities are conducted safely. These activities cover a wide spectrum ranging from design of aircraft to pollution control, selection of pilots, training and licensing to operations of aircraft, aircraft maintenance and engineering, ATC and communications to surveillance, etc. The rules and requirements to conduct aviation activities safely are conducted through the issue of Standards and Recommended Practices (SARPs). The SARPs are compiled for different activities and are classified under Annexes 1 to 18. The SARPs, in turn, are supported by ICAO Documents to provide guidelines for a specific requirement, e.g. Doc 9376 spells the guidelines for preparation of an operation manual. Over 90 countries have become members of ICAO and have agreed, vide the Geneva Convention, to support ICAO and its requirements. Failure to comply with ICAO requirements may jeopardize flights in and out of Malaysia. This may lead to no landing rights for own aircraft wanting to fly on international routes; and, foreign aircraft, in turn, may not fly into Malaysia. This would have effect on trade and tourist industries. Equally affected is the aviation industry employment of aviation personnels; and, economic as well as urban growth. ICAO requires each member country to translate the ICAO Annexes into Laws, Regulations and Procedures. In Malaysia this

b.

c.

d.

e.

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involves the Parliament, Ministry of Transport, Attorney General and Department of Civil Aviation. f. ICAO Annexes are the minimum standards set. Each member country may impose higher requirement. In some cases, for example in the Flight Time Limitation Scheme, the ICAO leave it to the state to determine the numbers. ICAO conduct periodic audits on member countries to ensure compliance with the Annexes. Audits are generally conducted on the Authorities (DCA) and may extend to the aviation industries (e.g. MAS, Air Asia, MFA) to observe implementation of rules and regulations. The DCA was audited in areas of Flight Operations and Airworthiness in 2002. Also visited were the MFA and MAS. Next ICAO audit on the DCA will be in Jun 2005.

g.

1.3

Department of Civil Aviation Malaysia (DCA) a. DCA, by law, is responsible to the Minister of Transport for ensuring all aviation activities are conducted safely and in accordance with published laws, rules and regulations. Responsibilities include: b. Formulation of Regulations (endorsed by Minister or Parliament, as required) Formulation of Guidance Procedures (endorsed by DG)

The DCA is headed by the Director General of Civil Aviation Malaysia (Ketua Pengarah Penerbangan Awam Malaysia). The Department is divided into several divisions: Air Traffic, Air Transport, Airworthiness, Flight Calibration, Security, Airport Standards, Legal, Inspectorate (ATC), Admin & Finance and Flight Operations. Flight Operations, in turn, is divided as follow: Licensing: Flight Training Schools (MFA Melaka, LFTC Langkawi, HFTS Ipoh), Licenses (SPL, PPL, CPL, ATPL, FE), Validation of Foreign Licenses, Ground Examinations (CPL, ATPL, Type Tech), Flying Clubs, Air Recreations, Authorised Examiners (AE). Surveillance: Conduct of surveillance audits on 18 AOC Holders base, training, operation control, manuals, cockpit enroute, cabin enroute, station, ramp, dangerous goods, proving flights, security,

c.

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etc. Includes program, execution, reports, follow up, trend analysis, enforcement. Flight Test/Simulator: Covers C of A Flight Test, aircraft acceptance and simulator evaluation and approvals. Air Operator Certification: Program for audits, initial and renewal of AOCs. Currently 18 AOC holders. Some AOC holders are Air Asia, MAS, Transmile, Berjaya, Hornbill, MHS, Layang-Layang, etc. For an Air Operator to operate, he must have: (i) Air Licence or Permit (for company to operate the business); (ii) Certificate of Airworthiness (for a particular aircraft to fly); and, (iii) AOC (for company to operate the aircraft from A to B).

1.4

Civil Aviation Laws and Regulations in Malaysia a. Malaysian laws related to aviation come under Malaysian Civil Aviation Act 1969. These are passed by the Parliament. Expansion of the Act are found in the Malaysian Civil Aviation Regulations 1996 (MCAR). Although these are approved by the Parliament, the Minister of Transport is empowered to endorse an amendment to the MCAR.

b. The current Legislative Framework of Department of Civil Aviation Malaysia is as follows: LAWS OF MALAYSIA, ACT 3, CIVIL AVIATION ACT 1969 1. 2. 3. 4. 5. 6. 7. Power to give effect to the Chicago Convention and regulate civil aviation Establishment and Operations of Aerodromes Control of Obstructions in vicinity of aerodromes Liability for Damage caused by aircraft Detention of Aircraft Wreck and salvage Restriction on claims for damages and compensation

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c.

CARRIAGE BY AIR ACT 1974 EXTRA-TERRITORIAL OFFENCES ACT 1976 CIVIL AVIATION OFFENCES ACT 1984 AIRPORT AND AVIATION SERVICES (OPERATING COMPANY) ACT 1991 CIVIL AVIATION REGULATION 1996 (MCAR) MCAR is supplemented, through the powers delegated to the DG, by: AIP (Aeronautical Information Publication) AIC (Aeronautical Information Circulars) AN (Airworthiness Notices) FOSI Handbook (Flight Operations Surveillance Inspectors Handbook) Letters and Notices from DCA Relevant guidance from FAA, UK CAA and JAA. Examples are CAP 371, Air Operator Certification Guidelines, Simulator Evaluation Technique, etc.

d.

All the above are meant to fulfill the requirements of ICAO Annexes 1 to 18, as required by the Geneva Convention. Any proposal to amend the MCAR or the Civil Aviation Act through Parliament may take more than one year. This process is handled by the Attorney Generals office. Recent amendment to the Civil Aviation Act 1969 (Act A1192) was published on 29 May 2003 and covers the following: It allows the DG to delegate his powers, duties and functions to his officer. It allows the DG, with the consent of the Public Prosecutor, to compound any offence to the Act or regulations, to an amount not exceeding 50% of the maximum fine for that offence. Any notice, circular, directive and information issued under the Civil Aviation Act by the DG are to be complied with. Non compliant with such Acts, Regulations, notices, circulars, directives and information may result in a fine not exceeding RM50,000.00 or imprisonment not exceeding 3 years or both

e.

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for an individual; or to a fine not exceeding RM100,000.00 for a body corporate. f. Interpretation or proposed amendment of regulation may be discussed with DCA and, specifically, the DCA Legal Adviser. It is advisable that appeal to the Minister to be initiated through the DCA.

1.5

Overview of the MCAR 1996 a. Both the Civil Aviation Act and the MCAR are published by the Government Printers and can be purchased at the printer or any major bookstores specializing in legal books and publications. The Bahasa Malaysia version is called Peraturan-Peraturan Penerbangan Awam Malaysia 1996. The MCAR have regulations on unruly passengers, smoking and use of hand phone. Commanders and the police need to be aware of these regulations should there be a need to apply those. Question is, is it advisable to inform passengers through the PA or notices that smoking and use of hand phone during flights are subject to penalties (refer MCAR sub paras 70 and 73)? The MCAR is divided into 16 Parts and Schedules. The Parts may be divided into Chapters. The regulations are also called sub paragraph and started with number 1 to 204. The regulation may be further divided into sub paragraphs. Thus a regulation may be referred to as regulation under MCAR 1996 Part VII Chapter 4 sub paragraph 57. (2)(d)(i), page 2048. All laws, regulations, notices, procedures, ICAO Annexes, etc, particularly those related to Flight Operations are important to aircraft commanders. Commanders must know their rights as well.

b.

c.

d.

1.5.1 MCAR Parts. The MCAR 1996 is divided into the following parts: (1) (2) (3) Preliminary Registration and Marking of Aircraft Licensing of Air Services: Scheduled Journeys and Non-Scheduled Journeys & General Provisions Air Operator's Certificate

(4)

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(5)

Airworthiness and Equipment of Aircraft: Certificate of Airworthiness, Maintenance of Aircraft, Equipment of Aircraft & General Provisions Aircraft Crew and Licensing Operations of Aircraft: Operations and Training Manual, Public Transport Aircraft, Aerodrome Operating Minima, Conduct of Operation and general Provisions Fatigue of Crew Document and Record

(6) (7)

(8) (9)

(10) Control of Air Traffic (11) Aerodromes, Aeronautical Lights and Radio Stations: Aerodromes, Regulation of Movement Area, Aeronautical Lights and Radio Stations (12) Investigation of Accidents (13) Detention and Sale of Aircraft (14) Aircraft Mortgages (15) Landing, Parking and Housing, Passenger Services and Air Navigation Facility Charges (16) General

1.5.2 Pertinent Regulations of MCAR: Sub Para 24(1) Contents / Summary of Sub Para Part IV ( Air Operators Certificate) Public transport aircraft to be operated i.a.w. the terms of an AOC : experience, equipment, organization, staffing, maintenance and other arrangements for ensuring safe operation. Valid one year. Part V (Airworthiness and Equipment of Aircraft) Chapter 2: Maintenance of Aircraft No aircraft shall fly unless there is a certificate of Airworthiness. Valid one year. Commander to fill up aircraft tech log at the end of every flight (Note: Tech logs are to be preserved until a date 2 years after

26(1) 29(2)

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39(4) 39(8) 43

47(2)

48

50 55(a) (h)

57(1) 57(3)

67(1)-(11) 67(40(a)

70(10)

70(2)

the aircraft has been destroyed or withdrawn from use sub para 29(5)) Part VI (Aircraft Crew and Licensing) Pilots: 2 pilots for public transport aircraft over 5,700 kg; FA : minimum one FA for every 50 pax for aircraft with seats less than 200 Need to keep and record flight details in personal flying log book. (Note: Sub para 84(4) requires a crew to produce his log book to the authority, if required, within two years after the date of the last entry) Part VII (Operation of Aircraft) Chapter 1: Operations and Training Manuals Operator to make available to each staff an Ops Manual, kept up to date and for each flight, crew has access to copy (Note: The contents of the Ops Manual will be i.a.w those specified by ICAO Annex 6 and may be divided into several volumes: Ops manual, SOP, FCTM, SEP Manual, Performance, Aircraft System, MEL, etc. Training manual availability to instructor Any amendment to training shall not take effect until it has been submitted to DCA for endorsement Loadsheet: one copy in acft and another to be kept by operator for 6 months Chapter 4: Conduct of Operations Pre flight actions by Commander: - latest info on route, aerodrome, weather and alternate - equip serviceable and aircraft fit for flight - loading and fuel iaw company fuel policy - airfield analysis Duties of Commander: pax are briefed on emergencies The Commander of any aircraft flying in and over Malaysia shall be directly responsible for, and is the final authority as to, the operation of aircraft Chapter 5: General Provisions Covers carriage of dangerous goods (DG) Operator is to provide DG training if acft is to carry DG (Note: DG trg is still reqd by DCA to make crew understand if pax or customer secretly bring in dangerous goods. The emphasis will be on actions to be taken in case of emergency due to DG) No person shall imperil the safety of an aircraft or any person on board, whether by interference with any member of the flight crew or by tampering acft equipment or by disorderly conduct (Note: Police to be informed prior to landing) No pax shall use any mobile phone during flight on any -9-

72 73(2) 74

79(1)(b) 79(4) 80(1) 81(a) 81(b)

82(2)

84(1)

87(1) 88(1) (7); 184

89(1) (4)

Malaysian acft Pilots and crews are not to be under the influence of drugs or drink when on duty No smoking Every person in a Malaysian acft shall obey all lawful commands by the Commander. These concern safety, efficiency and regularity of air navigation Part VIII (Fatigue of Crew) DCA approved scheme is required FDP and flight time records are to be kept for 12 months Responsibility of crew members to refrain from flying if he knows or suspects himself to be fatigued 100 hours last 28 days 900 hours last 12 months (Note: exemption given by YB Menteri Pengangkutan Malaysia to increase hours to 1000 for Air Asia only) Part IX (Documents and Records) Documents to be carried iaw 10th Schedule: Licenses for aircraft radios; C of A; Flight Crew Licenses; one copy of loadsheet; one copy of each certificate of maintenance review; technical log; C of R; Ops Manual Notes: (i) Operations Manual include aircraft performance manual, airport analysis, training manual, SEP, QRH, Jeppersen Charts, RVSM procedures, intercept procedures, FTL scheme, etc) (ii) Sub para 102 requires a noise certificate, if noise data is not available in the flight manual, to be on board. Authorities may ask Commander to produce: C of R, C of A, Flight Licences and such other documents required by MCAR sub para 82 to be carried on board DG Civil Aviation may, after due inquiry, revoke, suspend or vary any certificate, license, approval, permission, exemption, authorization , permit or other documents A person shall not deceive, mutilate, alter, forge, destroy under required period or falsify any documents, certificates and records, etc, including log books and loadsheet. All entries in writing shall be in ink or indelible pencil. Also refer to sub regulation 184. Part X (Control of Air Traffic) Need to comply with the rules of the air except to avoid immediate danger or to comply with the law of any state the acft is flying over (Note: Report within 10 days to DCA if deviation is made for the purpose of avoiding danger) Part XI (Aerodromes, aeronautical Lights and Radio Stations) -10-

97(1) 102(1) 107

114(5) 116

124

137 122(2)

123

124 195

Chapter 1: Aerodromes All take off and landing must be at licensed aerodrome Noise certificate to be on board (refer sub para 82(2)) Chapter 2: Regulation of Movement Area Activities in movement area: - 107(12) Vehicle not to be started when acft is being refueled - 107(14) Not to approach acft which has its engines running - 107(15) Vehicles to be 5 metres away from acft The holder of an airport pass shall comply with all the conditions contained in the airport pass The DG shall be responsible for ensuring that facilities for emergency and other services be established and maintained at all international airports in Malaysia at all times in accordance with Annex 14 Reportable accident: Commander to send notice to the Chief Inspector of Air Accidents by the quickest means, and, if it happen in Malaysia, to notify local police Commander to report to DCA, asap, on any incident Part XII (Investigation of Accidents) accident includes, unless otherwise quoted, an incident and a reportable accident; incident means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; reportable accident involves fatal or serious injuries, damage or structural failure requiring major repair or adversely affect aircraft strength, performance or flight characteristics or aircraft is missing or is completely inaccessible; Chapter 1: Inspection and Investigation of Accident The fundamental purpose of investigating accidents under these Regulations shall be to determine the circumstances and causes of the accident with a view to the preservation of life and the avoidance of accidents in the future; it is not the purpose to apportion blame or liability. Note: The Investigation Team reports direct to the Minister. However, DCA or the Operator may conduct their own investigation if it is suspected that there is non compliant with any of the regulations. If there is non compliant, then the DCA or the Operator may take the appropriate disciplinary action (refer sub para 87(1) and Ops Manual). Reportable Accidents: Commanders (if alive) is to send a notice using the standard format to the Chief Inspector of Air Accidents by the quickest means of communication available. If the accident happen in Malaysia, to notify the local police of the

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126

127

130(1)

182

185

188(6) 188(7)

191(1)

195 195(2) 196(3) 199(1)

201 ANNEXES

accident and the place of occurrence. Also refer to sub para 195. The Minister shall appoint the Chief inspector and Inspectors of Air Accidents. (Note: Inspectors can be the relevant specialist from the airlines or manufacturer or any other body) Powers of Inspector include right to summon and conduct interviews, access to relevant documents, access and examination of aircraft, preservation of evidence, etc. If, in the opinion of the Chief Inspector of Air Accidents, the report submitted to the Minister is likely to affect the reputation of the operator or the commander or any other person, he shall within 30 days of submission to the Minister, serve a copy of that report to the operator , commander or other person, as the case may be. Part XVI (General) The DG or an authorized person shall have the right of access at all reasonable times to the aerodrome or aircraft for the purpose of inspection Any person who fails to comply with any direction given to him by the DG or by an authorized personal under these regulations or any order, instruction, requirement or direction shall be deemed to have contravened these Regulations. Note: Similar statement is also made, but on broader scale, in the amendment to the Civil Aviation Act 1969 (Act A1192), published on 29 May 2003 as in paragraph 4d above. Offences made (non compliant): penalty or imprisonment or both. Refer to amendment Civil Aviation Act 1969 (Act A1192) , published on 29 May 2003 as in paragraph 4d above. For individual, a fine not exceeding RM50,000.00 or imprisonment not exceeding 3 years or both. The Minister may give exemption from any of the provisions of the MCAR, either absolutely or subject to certain conditions. (Note: For Air Asia, 1000 hours and, on case by case, to continue flying above 60 years) Reportable Occurrence: Commander to make a report to DCA Definition of Reportable Occurrence Commander to comply with regulations issued by the appropriate authority if flying over any foreign state This sub para allows an appeal to be made to the Minister if a person is not happy with DCAs decision on licensing and permit provided it does not cover deficiency in knowledge, experience, competence, skill, physical or mental fitness ICAO Annexes 1 to 18 are part of MCAR 1. Personnel Licensing 2. Rules of the Air 3. Meteorological Service for International Air Navigation

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4. Aeronautical Charts 5. Units of Measurement to be Used in Air and Ground Operations 6. Operation of Aircraft Part I : International Commercial Air Transport Aeroplanes Part II : International General Aviation Aeroplanes Part III : International Operations - Helicopters 7. Aircraft Nationality and Registration Marks 8. Airworthiness of Aircraft 9. Facilitation 10. Aeronautical Telecomunications 11. Air Traffic Services 12. Search and Rescue 13. Aircraft Accident and Investigation 14. Aerodromes 15. Aeronautical Information Services 16. Environmental Protection (Volume I : Aircraft Noise) 17. 18. The Safe Transport of dangerous Goods SCHEDULES: SCHEDULES: 1st A: Classification of Aircraft B: Markings 2nd Experimental or Test Flights rd 3 Categories of aircraft and Purpose of Flight 4th Maintenance Engineers th 5 Aircraft Equipment 6th Radio and Radio Nav Equipment to be Carried in Aircraft th 7 Aircraft Engines and Propeller Log Books th 8 Flight Crew of Aircraft; Licences and Ratings Part A para 3(3)(b)(v): CPL Priveleges 60 years age limit. Above 60: Dual controls and a second pilot below 60 years. Absolute maximum age for public transport: 65 years. Part A para 4(3): ATPL Priveleges Not to fly above 60 years as PIC or co-pilot on public transport aircraft weighing more than 20,000 kg Part B: Ratings Part C: C of T Part A: Operations Manual 9th Part B: Crew Training and Tests Part C: Training Manual th 10 Documents to be carried by Malaysian Aircraft 11th Rules of the Air and ATC th 12 Fees and Charges 13th Operators Responsibilities and Aircraft Operating Conditions

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14th

Medical Requirements

1.5.3 Supplements to MCAR. MCAR is supplemented, through the powers delegated to the DG, by: a. AIP (Aeronautical Information Publication). Responsibility of Air Traffic Services Division, DCA. Overrides the Jeppersen Charts/Instructions if there are differences. AIC (Aeronautical Information Circulars). Covers both Air Traffic and Flight Operations matters. The latter is important to both local and foreign operators for aircraft operations in Malaysia. Likewise, local operators need to be aware of AICs (and AIP) of the state they are operating into. In Malaysia, AICs on operational matters normally cover regulations that are found in the ICAO Annexes but not covered by the MCAR 1996. The AIC may expand to include guidance procedures for implementation of the required regulations by the air operator. AN (Airworthiness Notices). Similar to the AIC but covers maintenance and engineering rules, regulations and procedures. It is the responsibility of Airworthiness Division, DCA.

b.

c.

c. FOSI Handbook (Flt Operations Surveillance Inspectors Handbook). These are the guidance procedures (SOP) for DCA inspectors to conduct inspections and audits on Flight Operations activities. The handbooks are issued to aircraft operators to enable them to understand the scope of inspections and to prepare for the inspections. For Air Asia, the main areas to be covered are the Flight Operations (including Flight Release and Despatch, Flight Time Records and Manuals), Training (pilots, cabin crew, flight dispatcher, instructors, loadsheeters, simulator, training manuals, records, dangerous goods, security, etc), stations, ramps, routes (cockpit and cabin), proving flights, etc. e. Letters and Notices from DCA. These are normally urgent in nature. An example is the security instructions issued to air operators after the 911 incident which cover use of plastic fork, knife and spoons and more intensive baggage inspections.

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f.

Relevant guidance from FAA, UK CAA and JAA. Examples are CAP 371, Air Operator Certification Guidelines, Simulator Evaluation Technique, etc.

1.5.4 Clarification. Air Asia crews are encouraged to seek clarification if there is doubt to any regulations , procedures or notices. Such clarification can be obtained from ex DCA personnel in Air Asia (Capt Omar Shuib and Capt Anuar Aman) and DCA or Air Asia Legal Advisers . If still in doubt and particularly, if your future or livelihood is affected due to disciplinary action, you may seek clarification from or appeal to the Minister, through DCA.

Prepared by: Capt Ahmad Ridzwan Bin Mohd Salleh (AASB 1943)

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2. 2.1

Air Operators Certificate (AOC) Approval Defined Area The Air Operators Certificate issued by the Malaysian Department of Civil Aviation permits the Company to operate for the purpose of public transport of passenger cargo and mail within certain defined areas of the world as defined on the current AOC, a copy of which shall be carried on board the aircraft in the ships documents folder.

2.2

Special Approvals such as MNPS, RVSM and Category II/III and the carriage of Dangerous Goods are listed as applicable on the AOC Powers of Authority The Malaysian DCA has the power to deliver the right to operate by means of an Air Operator Certificate (AOC).

3. 3.1

3.2 An AOC may be varied, suspended or revoked if the Malaysian DCA is no longer satisfied that the operation is safe. 3.3 The Malaysian DCA has the privilege to grant an exemption from any requirement prescribed in the respective regulations. In such a case, the Authority is responsible for ensuring that an acceptable level of safety can be maintained. The Accountable Manager, the Director of Flight Operations, the Deputy Director of Flight Operations, the Head of Flight Safety and Security and the Head of Training and Standards must be acceptable to the Malaysian DCA. The DCA has the right to interview any nominee or call for additional evidence of his suitability before deciding upon his acceptability. The DCA has the power to: (a) (b) Determine the adequacy, relevance and consistency of the AirAsias compliance with the requirements; Assess the efficiency of AirAsias Internal monitoring procedures and confirm the availability of sufficient resources and proper processes, as documented by AirAsias Quality System; Verify by means of inspections, compliance with the requirements and the effectiveness of AirAsias Quality System.

3.4

3.5

(c)

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3.6

The Malaysian DCA has the power to assess the continued competence of AirAsia by inspection and monitoring of: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) Infrastructure Manuals Training Crew Records Maintenance Ramp Equipment Pre-flight preparation Release of Flight/Despatch Flight Ground Dangerous Goods Quality System and results of operator's Quality Audits

3.7

Any person authorised by the Malaysian DCA is permitted at any time to board and fly in any aircraft operated in accordance with the AOC issued by the Malaysian DCA and to enter and remain on the flight deck. However, at any time, the Commander may refuse access to the flight deck if, in his opinion, the safety of the aircraft would thereby be endangered. The Malaysian DCA has the power to issue Operational Directives when it has the perception of risk of danger. The Commander, on request of any authorised agent of the State in which he is operating, will give access to that agent any or all documentation associated with operations through that state that must be on board the aeroplane. The company will retain all post-flight information for a duration of 6 months. Accountable Manager - Chief Executive Officer (CEO) The Chief Executive Officer is the Accountable Manager as required by the Malaysian Department of Civil Aviation (DCA). His management responsibilities shall involve Policies, Planning & Development, Controls, Co-ordination, Implementation and Audit and will cover the following: (a) Ensure that the Companys aircraft operation is safe and legally compliant.

3.8

3.9

3.10

4. 4.1

4.2

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(b) Provide vision for growth and business strategy in the field of Low Cost Carrier Operations. (c) Continuously assess quality; ensuring adequacies in operating standards, procedures and facilities are at all times consistent with current industry practice. (d) Ensure effective communication and co-ordination with relevant Government agencies. (e) Ensure the implementation of effective Flight Safety programs which are periodically evaluated in terms of its effectively and adequacy. (f) Ensure that up-to-date knowledge of rules, regulations, policies and procedures governing aircraft operations. (g) Ensure that the airlines infrastructure involving the number of personnel, suitable facilities along with supporting hardware and software are appropriate in meeting the requirements of the Air Operator Certificate.

5. 5.1

RESPONSIBILITIES OF CREW Commander The commander must take all reasonable steps to: (a) Maintain familiarity with relevant Malaysian and International air legislation of the States over which he will fly and agreed aviation practices and procedures. (b) Maintain familiarity with such provisions of the Company Operations Manual as are necessary to fulfil his function. (c) Checking and approving the following prior to each flight: (i) (ii) (iii) (iv) the ATS flight plan; the load sheet and balance chart or transit load sheet; the fuel to be carried as sufficient for the flight; that the performance of requirements of the flight; the aircraft will meet the

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(v)

that the weather in the meteorological forecast is such that the flight may be safely made; the Ship's Library and in particular, for checking that Jeppersen guides and charts and Jeppersen Aerodrome Operating Minima covering the area of operation, are on board the aircraft together with all documents, additional information and forms required for the flight; that all pre-flight checks have been completed; that the aircraft load is within limits, correctly positioned and secured; that the aircraft is fit for flight, the Certificate of Maintenance is valid and any technical defects noted in the Technical Log and requiring rectification have been signed off; that the required emergency equipment is on board and any passengers or other persons on board have received an adequate safety briefing; the availability and serviceability of en-route navigation aids; the availability and suitability of destination and alternative airports; that all required aircraft equipment is carried and in a fit condition for use; that copies of the relevant part(s) of the technical log and, where applicable, mass and balance documentation, remain on record in suitable hands at the point of departure;

(vi)

(vii) (viii)

(ix)

(x)

(xi) (xii)

(xiii)

(xiv)

5.1.1 Specific Responsibilities - Commander The Commander is accountable to the Director of Flight Operations and shall: (a) be responsible for the safe operation of the aeroplane and safety of its occupants and cargo during flight time; (b) have authority to give all commands he deems necessary for the purpose of securing the safety of the aeroplane and of persons or

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property carried therein and all persons carried in the aeroplane shall obey such commands; (c) have authority to disembark any person, or any part of the cargo, which in his opinion may represent a potential hazard to the safety of the aeroplane or its occupants; (d) not allow a person to be carried in the aeroplane who appears to be under the influence of alcohol or drugs to the extent that the safety of the aeroplane or its occupants is likely to be endangered; (e) have the right to refuse transportation of inadmissible passengers, deportees or persons in custody if their carriage poses any risk to the safety of the aeroplane or its occupants; (f) ensure that all passengers are briefed on the location of emergency exits and the location and use of relevant safety and emergency equipment; (g) ensure that all-operational procedures and checklists are complied with, in accordance with the Operations Manual; (h) ensure that the weather forecast and reports for the proposed operating area and flight duration indicate that the flight may be conducted without infringing Company operating minima; (i) decide whether or not to accept an aeroplane with unserviceabilities allowed by the CDL or MEL; (j) take all reasonable steps to ensure that the aeroplane and any required equipment is serviceable; (k) in the absence of a qualified Company engineer, ensure that aeroplane refuelling is supervised with particular attention being paid to (i) (ii) (iii) (iv) the correct grade and quantity of fuel fuel water checks fire safety precautions checking filler caps for security and correct replacement after refuelling;

(l)

take all reasonable steps to ensure that the aeroplane mass and balance is within the calculated limits for the operating conditions;

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(m) confirm that the aeroplanes performance will enable it to complete safely the proposed flight; (n) not permit any crew member to perform any activity during take-off, climb, descent, final approach and landing except those duties required for the safe operation of the aeroplane; (o) take all reasonable steps to ensure that before take-off and before landing the flight and cabin crew are properly secured in their allocated seats; Note: Required Cabin Crew should be properly secured in their allocated seats during taxi except for the performance of essential safety related duties; (p) take all reasonable steps to ensure that whenever the aeroplane is taxiing, taking off or landing, or whenever he considers it advisable (e.g. in turbulent conditions), all passengers are properly secured in their seats and all cabin baggage is stowed in the approved stowages; (q) ensure that all documents and manuals are carried on board and will remain valid throughout the flight or series of flights; (r) ensure that the pre-flight inspection has been carried out; (s) not permitted: (i) a flight data recorder to be disabled, switched off or erased during flight nor permit recorded data to be erased after flight in the event of an accident or an incident subject to mandatory reporting;

(ii) a cockpit voice recorder to be disabled or switched off during flight unless he believes that the recorded data, which otherwise would be erased automatically, should be preserved for incident or accident investigation nor permit recorded data to be manually erased during or after flight in the event of an accident or incident subject to mandatory reporting; (t) that a flight will not be commended if, in his judgement, any Flight crew member is rendered incapable of performing his duties by injury, sickness, fatigue, the effects of alcohol or drugs or any other cause

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(u) ensuring that a flight is not continued beyond an aerodrome at which there is the earliest safe opportunity to land when a flight crew member's capacity to perform his functions is significantly impaired, by fatigue, sickness, lack of oxygen or any other cause (v) ensuring that his licence, medical certification, passport and visas are valid and that his personal log book is maintained up-to-date

(w) the safety of the aircraft on the ground - although he can at his discretion delegate his duties in this regard temporarily to a subordinate officer or an authorised company employee or agent or an airport official where there are adequate staff and facilities for securing the safety of the aircraft (x) providing the operations department with complete and up-to-date information as to the movement and serviceability of his aircraft

5.1.2

The Pilot-in-Command shall, in an emergency situation that requires immediate decision and action, take any action he considers necessary under the circumstances. In such cases he may deviate from rules, operational procedures and methods in the interest of safety; The Commander has the authority to apply greater safety margins, including aerodrome-operating minima, if he deems it necessary; The Commander shall (a) must ensure that a continuous listening watch is maintained for the purpose of commencing or conducting a flight and when taxiing. reporting hazardous conditions immediately by radio to ATS; encountered in flight

5.1.3

5.1.4

(b)

(c)

maintain minimum safe terrain clearance regardless of controller or other instructions (except when positively identified and being vectored by radar); take appropriate action in the event of an in-flight emergency; ensure that the checklists provided are to be used in order to ensure compliance with Company operating procedures; inform ATS of any aircraft or vessel in distress or requiring assistance and rendering any assistance

(d)

(e)

(f)

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(g)

Report all cases of infectious disease on board to the medical authorities.

5.1.5

Before the aircraft is boarded, the commander should brief the crew. . Items covered in this briefing should include at least the following: Establish effective communication between the flight crew and cabin crew. This should include guidelines for the use of the PA and interphone system. Discuss items that may be of concern during flight, such as turbulence, smoking or any safety matters. Brief the crew as to the current security status of the flight and how security incidents are to be handled. Discuss items of routine interest, such as flight time, altitude, route of flight and points of interest.

5.2 5.2.1

Co-Pilot The Co-Pilot is second in command and his primary responsibility is to assist the Commander in all phases of the operation of the aircraft, including the pre-and post-flight periods. In particular, his responsibilities are: (a) to carry our pre-flight, flight and post-flight duties assigned to him by the Commander (b) to safely and properly conduct the flight in compliance with the current flight plan and commanders instructions when the commander is not at the controls, any change to the current flight plan has to be notified to the commander. (c) to monitor all aspects of the flight and, in particular, the execution of all check-lists, checking that correct procedures and techniques are used and cross-checking all flight instrument indications (d) to advise the Commander immediately, clearly and concisely if the aircraft departs significantly from its intended flight path or if he considers a hazardous situation is developing or if any abnormal instrument indication, warning light or flag is seen

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(e) to ensure before flight that he is fully aware of the planned route, briefing sheets (Notams, etc) and the forecast weather conditions and runway states at destination and alternate airfields (f) to maintain a record of flight progress and all ATC clearances, altimeter settings, met reports, etc (g) to maintain adequate lookout at all times (h) to ensure that his licences, medical certification, passport and visas are valid and that his log book is maintained up-to-date 5.2.2 The Co-Pilot reports to the Commander in respect to his flight duties and otherwise to the Director of Flight Operations.

5.3

Cabin Crew The Leading Crew shall have overall responsibility to the aircraft commander for the conduct co-ordination and performance of the cabin operations and safety duties. (a) maintaining a thorough working knowledge of aircraft emergency equipment; (b) maintaining a thorough working knowledge of cabin crew emergency drills and procedures; (c) being thoroughly familiar with all Company aircraft galley equipment, catering stowage's and passenger amenity equipment and their operation; (d) ensuring that they maintain a high standard of public conduct; (e) ensuring they present a good appearance when wearing the Companys uniform; (f) refraining from making attempts to evade Malaysian or foreign customs, immigration or health regulations and from causing any unauthorised package, person or other item of load to be carried in any Company aeroplane; (g) other cabin crew are responsible to the Leading Crew for carrying out any duties assigned to them, All cabin crew will take all reasonable steps to ensure the safety and well-being of passengers in both normal and emergency

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circumstances. They will report any irregularities, which they observe and which are related to safety, to the Commander, normally through the Leading Crew. But, where they consider that the matter is urgent, by reporting directly to the flight deck. Cabin crew are individually responsible for ensuring that passport, visas, aircraft approval and SEP manuals are up to date.

6.0 6.1 6.1.1

CREW COMPOSITION General The minimum flight crew to be carried shall never be less than is stipulated in the aircraft's Certificate of Airworthiness or the aircraft Flight Manual. This number must and will be augmented as necessary in the case of individual flights to satisfy the crewing requirements of the training manual and of the Companys flight time/duty time limitations as setout in this manual. Technical Crew with less than 200 hours on type MUST NOT fly together.

6.1.1.2

6.1.1.3

Minimum Compliment: On a flight on which at least one passenger is carried, there shall be carried not less than one cabin crew member for every 50, or fractions of 50 passenger seats installed in the aircraft. The specific minimum cabin crew for each aircraft type is: B737-300 3 Cabin Crew

6.2 .

Designation of the Aeroplane Commander Irrespective of the number of crew carried, the Company will designate one of the pilots to be the aeroplane Commander for a particular flight or series of flights. This will normally be done by means of the published roster. Chain of Command The order of Command is as follows: Commander First Officer (most senior, if more than one) Second Officer (as applicable) Leading Steward/Stewardess Cabin Crew Member in order of Rank -25-

6.2.1

6.2.1.1

Where two captains are flying together the more senior will assume command except in the case of a Training Captain who has been assigned to training or checking duties on the flight and is occupying the left-hand or right-hand seat. In such cases, the Training Captain shall have command. He shall not have command and no command responsibilities, when conducting a check flight from the jump seat. The Director of Flight Operations, Fleet Manager, Chief Pilot Training and Standards, Chief Pilot Safety and Security or an Instructor Pilot (IP) will always function as pilot in command unless conducting a check flight from the jump-seat.

6.2.1.2

Commanders Seating Position a) When the normal Flight Crew complement is carried, the Commander must always occupy the left hand seat on the flight deck. b) Captains are not normally permitted to fly together, unless specifically authorised by the Fleet Manager. Permitted exceptions are:

(i)

Training Commanders conducting required training duties; Commanders operating as in-flight relief crew during cruise; Management and route conducting required duties; Check Commanders

(ii)

(iii)

(c) A Captain qualified to operate in the right hand seat may carry out the duties of that position, including take-off and landing. In cases other than the exceptions in 4.2.1.1. above, when two Commanders fly together the Captain in command must always occupy the left hand seat. 6.2.1.3 Extra Crew (Supernumerary Crew) This term normally applies to Flight and Cabin Crew who have specific operational or cabin crew duties to perform in flight in addition to the normal operating crew and are shown on the crew list as normal operating crew.

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a) In exceptional circumstances, Flight or Cabin Crew or technical ground staff employed by the airline may be required to position at short notice but it may not be possible to issue a passenger ticket. In such cases, authorised by the Senior Director Operations / QA or the Director of Flight Operations and with the agreement of the aircraft Commander, the staff may be carried as extra crew. Such must invariably hold a licence to operate or maintain one or more types of aircraft. Operations Control will write and hold ticket in Operations b) Extra Crew must always be shown on the Crew List and the General Declaration, if one is required for the flight. c) Ground Staff must not be listed as Extra Crew on flights where this would infringe immigration or other regulations at departure, transit or arrival. Appropriate Immigration controls must always be adhered to. Flight Crew members are to occupy their assigned duty stations from the time the aircraft first starts to move and from the time it begins its descent on approaching the destination and until the aeroplane is stationary on its allocated parking stand at the end of the flight. All operating flight crew members must occupy their normal seat positions and there must be two fully type rated pilots at the controls, one of whom must be the Commander. All flight crew seats must be facing forward and correctly adjusted to all optimum vision and full reach for operation of all controls. A positive check must be made that each seat locking mechanism is fully and correctly locked, both before take-off and before landing. In level cruise, any one flight crew member, may with the permission of the Commander, leave his assigned station for an agreed purpose and period.

6.2.1.4.

6.2.1.5

6.2.1.6

6.2.1.7

7. 7.1 7.1.1

QUALIFICATION REQUIREMENTS General Licences Before acting as an operating member of the flight crew of a Company aircraft, each person must hold the applicable valid licences and ratings that comply with the requirements of the Malaysian Department of Civil

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Aviation, JAR Ops 1 and JAR-FCL 1 and are appropriate to the duties being performed. He shall have satisfied the requirements laid down in the Operators Manual Part D and be suitably qualified and competent to conduct the duties assigned to him. The holder of a licence or rating shall not exercise privileges other than those granted by that licence or rating. Flight crew members are required to carry their valid licence, validation if applicable, a valid medical certificate and a document containing a photo (passport) for purposes of identification of the holder of the licence on board the aircraft. Whenever the licence or medical is renewed, flight crew are required to submit a copy of the updated licence or medical to the Flight Operations Administrator. Minimum Qualifications Training and Examining A person shall not carry out instruction in an aircraft unless appropriately qualified in accordance with Operations Manual Part D and approved by the Head of Flight Crew Training and Standards. Type rating skill tests and proficiency tests in the company, shall be conducted only by Examiners authorised by the Malaysian DCA. Commanders nominated by the Airline and acceptable to the Malaysian DCA shall conduct line checks. Pilots Age 60 or more A Pilot aged 60 to 65 is permitted to operate Company Aircraft provided there is only one Pilot in the flight crew who has attained the specified age 60 and he has permission to act as a Pilot of the Aircraft from the appropriate authorities in the countries operated to or over-flown. (Ref JAR FCL1.060). The holder of a Pilot license who has attained the age of 65 years shall not act as a crew member on a Company Aircraft engaged in commercial air transport operations.

7.1.2

7.1.3

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7.1.4

Recency Commanders and co-pilots: a minimum of 3 take-off and 3 landings as pilot operating the controls in the preceding 90 days. These may be carried out in a simulator of the type approved for this purpose. Revalidation of a type rating requires the applicant to complete at least 10 route sectors as pilot of the type or 1 route sector as pilot of the type flown with an examiner during the period of validity of the rating. Type ratings are valid for one year from the date of issue, or the date of expiry if revalidated within the validity period. (JAR-FCL 1.245).

Note:

The 90 day period prescribed above and 5.2.2.1 below may be extended up to a maximum of 120 days by line flying under the supervision of a Type Rating Instructor or Examiner. For periods beyond 120 days, the recency requirement is satisfied by the use of an approved flight simulator Annual Line Check Each flight crew member shall undergo a line check to demonstrate his competence in carrying out normal line operations. The period of validity of a line check shall be 12 calendar months, in addition to the remainder of the month of issue. If issued within the final 3 calendar months of validity of a previous line check the period of validity shall extend from the date of issue until 12 calendar months from the expiry date of that previous line check. Line checks are a test of a flight crew members ability to perform a complete line operation satisfactorily, including pre-flight and post-flight procedures and use of the equipment provided and an opportunity for an overall assessment of his ability to perform the duties required as specified in the Operations Manual. The route chosen should be such as to give adequate representation of the scope of a pilots/flight engineers normal operations.

7.1.5

7.1.6

Other Training and Checking Requirements such as recurrent ground and simulator training, Crew Resource Management Training, Emergency and Safety equipment Training and checking, Dangerous Goods Training, First Aid Training and Security Training are laid down in the Operations Manual Part D (Training Manual).

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7.2 7.2.1

Flight Crew Qualification Requirements Commanders The minimum qualification requirements for pilots to act as commander of a commercial air transport flight are: (a) A Malaysian DCA approved and validated ATPL (A) (b) Hours (i) Commanders (Experienced on Type) 4,000 hrs 1,500 hrs

Total Number of Hours : Total in Command (P1) Multi-pilot aircraft Total on Type : :

500 hrs

(ii) Commanders (with less than required Experience on Type) Total Number of Hours : Total in Command (P1) Multi-pilot aircraft Airline/corporate/military Transport experience : 4,000 hrs 1,500 hrs 1,000 hrs

(iii) Commanders (with no previous Command Experience) Total Number of Hours ; Total Multi-pilot aircraft P1 (U/S) Total on Type (c) Valid Type Rating (d) Type Rating Skill Test/Proficiency Check current (e) Valid Medical Certificate (f) 7.2.2 Successful completion of a command course : : 3,500 hrs 1,500 hrs

1,000 hrs

Co-Pilot The minimum qualification requirements for pilots to act as co-pilot of a commercial air transport flight are:

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(a) A Malaysian DCA approved or validated Commercial Pilots Licence with frozen ATPL. (b) Valid Type Rating (c) Type Rating Skill Test/Proficiency Check current (d) Valid Medical Certificate 7.2.6.1 Aerodrome Categorisation Depending on the complexity, aerodromes will be categorised A, B-OCL, B or C. Category A and B-OCL are given to the least demanding aerodrome, Category B and C are applied to the more demanding aerodromes. Restricted aerodromes B & C are listed in Operations Manual Part C Route Briefing Manual. 7.2.6.1.1 Category A Aerodromes Unrestricted to all commanders who have an area competency in which the aerodrome is situated. 7.2.6.1.2 Category B-OCL Aerodromes Aerodromes that meet Category A criteria with the exception that the circling minima is either: (a) greater than 1000ft. above airfield elevation: or (b) no circling minima is published and/or circling is not permitted. 7.2.6.1.3 Category B Aerodromes Aerodromes that require a verbal or written briefing and which may be subject to additional qualifying restrictions, due to: (a) Due to non-standard approach aids and/or approach patterns; or (a) (b) (c) Unusual local weather conditions; or Unusual characteristics or performance limitations; or Any other relevant considerations, including obstructions, physical lay-out, lighting etc. The aerodrome or an aerodrome with a Cat B alternate.

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Written briefs for Category B Aerodromes are published in the AirAsias Operations Manual Part C Route Information Manual. Prior to operating to a Category B aerodrome (or aerodrome with a Category B alternate) for the first time or the first time in over 12 months, a Commander should certify that he has been briefed or has self briefed using the available instruction material such as the aerodrome brief, the Jeppersen, Notams, etc. on the Category B aerodrome in question. All pilots are required to receive/read the brief prior to operating to the aerodrome. Commanders must certify that they have received/read the brief on a T13 Airfield Briefing Report Form and return it to Operations Administration prior to operating to the aerodrome. 7.2.6.1.4 Category C Aerodromes Aerodromes, which requires additional considerations to a Category B aerodrome. A briefing is essential and must be received and/or read by both pilots. Clearance for commanders to operate can be obtained by: (a) visiting the aerodrome under the guidance of a Training Captain or as an observer and/or (b) undertaking instruction in a flight simulator approved by the DCA for that purpose Notes: 1. Specific authorisation must be given for individual commanders to operate into Category C aerodromes. This will be recorded on the appropriate training report form T14 and returned to Operations Administration. 2. Each commander is to comply with any and all restrictions specified by the Company; 3. The Flight Operations Administrator will keep each commanders clearance on file and make a copy available to the Crewing Department. 4. State requirements, which are more limiting, must be complied with.

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5. Under no circumstances will flights be scheduled to uncategorized aerodromes unless approved by the Director of Flight Operations. 6. The Director of Flight Operations in consultation with his Management Pilots are authorised to categorise aerodromes. 7. Training Commanders may operate on initial flights to uncategorized aerodromes provided they satisfy the Director of Flight Operations as to their knowledge of terrain, climatology and relevant features. 8. New Commanders will not normally be cleared into Category C aerodromes until they have completed 300 hours on type. 7.2.6.2 7.2.6.2.1 Route Competence Qualifications General A route competence qualification is required to operate on routes in a region. The regions chosen to cover possible operations are listed below together with the type of initial qualification. Qualification will be recorded on the route competency report form T11- and returned to Operations Administration. Items to be covered in the area briefing are laid down in the Operations Manual Part D (Training Manual) Section 6, Commanders Route Competency Training and shall include knowledge of: a. terrain and minimum safe altitudes, b. seasonal meteorological conditions, c. met, communication and air traffic facilities, services and procedures, d. search and rescue procedures, e. navigational facilities associated with the route along which the flight is to take place. Depending on the complexity of the route, familiarisation shall be by self briefing with documentation or programmed instruction or in flight familiarisation. 7.2.7.1 Crewing of Inexperienced Flight Crew Members New Pilots on type will not be permitted to fly with another Pilot also new to type following completion of a Type Rating or command course and the associated line flying under supervision until he has achieved on the type either: (a) 100 flying hours and flown 10 sectors within a consolidation period of 120 days; or

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(b)

150 flying hours and flown 20 sectors (no time limit).

The Malaysian DCA may accept a lesser number of flying hours or sectors when a new type is being introduced or a flight crew member has previously completed a type conversion course with the Airline. Such acceptance will be noted in the Approvals Supplement. These requirements must be identified on the approved company roster. 7.2.7.2 Landing Restrictions New Commanders On completion of the Command Line Check, new Commanders will be issued with a Temporary Authority to Operate incorporating the following restrictions: (a) Until completion of 100 hours in command on type including not less than 25 take-off and landings, new Commanders will apply the following increments to all airfield operating minima including LVP minima: (1). (2) Take-off and landing RVR + 100 metres Circling minima + 200ft but in no case less than 800ft.

(b) Until completion of 100 hours in command on type, new Commanders will not permit Co-Pilots to make landings, except where the Co-Pilot has more than 200 hours on type. New Commanders will not normally be cleared into category "C" airfields until they have completed 300 hours in command on the new type. AirAsia Commanders previously qualified on another type are not subject to these requirements. 7.2.7.3 Landing Restrictions - Co-Pilots It is essential that First Officers be kept fully proficient at executing the landing and take-off manoeuvre in normal conditions and every opportunity should be taken by Experienced Captains to give co-pilots landing and take-off practice in good weather.

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However, Captains should not permit their co-pilots to carry out practice landings (or take-offs) in weather conditions which could be described as difficult, tricky or marginal. The Captain taking into account to be the more practised is perceived to be the expert in carrying out this manoeuvre correctly in difficult conditions. Further more, on the grounds of safety it would be prudent if both pilots stick to their accustomed role and do not make any attempts to interchange their prescribed duties. All flying for First Officers is to be carried out from the right-hand seat except when specific authority has been given for left-hand seat flying for command training. Pilots shall provide the company with an updated copy of their licence and medical certificate. The company shall make records of all conversion courses and recurrent training and checking available on request to flight crew members.

7.3 7.3.1 7.3.1.1

Cabin Crew Senior Cabin Crew The Company will nominate a Senior Cabin Crew Member on every flight. The Senior Cabin Crew Member designated as the Leading Steward/Stewardess, will be responsible to the Commander for the conduct and co-ordination of the cabin safety and emergency procedures specified in the SEP manual.

7.3.1.2

7.3.1.3 The minimum experience level required to be promoted to Leading Cabin Crew Member, is one year operating experience with the Company as an ordinary cabin crew member and have completed the necessary training program outlined in the Operations Manual Part D, Sections 13 21. 7.3.1.4 The Company will designate an alternate for the Leading Crew in the event he/she is unable to operate. This alternate must have completed at least six months of work as a Cabin Crew Member and completed the appropriate training.

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8.0

FLIGHT AND DUTY TIME LIMITATIONS

8.1

Aim The aim of this document is to express the intent behind the published, relevant documents, thereby taking all reasonable precautions to ensure that crewmembers are adequately rested at the beginning of each flying duty period. To meet this aim, due note will be taken of length of duty cycles, periods of time off and cumulative duty hours.

8.2

Responsibilities

8.2.1 The Company The company will publish rosters in advance so that operating crew can plan adequate pre-flight rest. Crewmembers will normally be given at least 7 days notice of days off. Before the start of the new roster year, the start and finish dates of each roster period, plus the expected publication date, will be issued to crewmembers. 8.2.2 Crewmembers Responsibility for the proper control of flight and duty time does not rest wholly with the company. Crewmembers have the responsibility to make optimum use of the opportunities and facilities for rest provided. They are also responsible for planning and using their rest periods properly in order to minimize incurring fatigue. The MCAR places a further responsibility on crewmembers. Simply put, crewmembers shall not act as operating crew if they know, or suspect, that their physical or mental condition renders them unfit to operate. Furthermore, they must not fly if they know that they are, or are likely to be, in breach of this scheme.

8.3

Calculation of a Flying Duty Period

8.3.1 The maximum FDP, in hours and fractions of hours, will be in accordance with paragraph 7.13. The times extracted from the tables may be extended by use of in-flight relief, split duty, and commander's discretion, under the terms of paragraphs 7.15, 7.16 and 7.18. Where a flight crew consists of two pilots only, any FDP involving a sector which is planned to exceed 7 hours will be calculated as detailed in paragraph 7.14.

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8.4

Additional Limits on Flying

8.4.1 Late Finishes/Early Starts 8.4.1.1This paragraph only applies to crewmembers who are acclimatized. 8.4.1.2 Sleep deprivation, leading to the onset of fatigue, can arise if a crewmember is required to report early for duty on a number of consecutive days. Therefore, not more than 3 consecutive duties that occur in any part of the period 0100 to 0659 hours local time can be undertaken, nor will there be more than 4 such duties in any 7 consecutive days. Any run of consecutive duties (Late Finishes or Nights or Early Starts) can only be broken by a period of not less than 34 consecutive hours free from such duties. This 34 consecutive hours may include a duty that is not an Early, Late or Night duty. 8.4.1.3 2 consecutive night duties Should any duties be scheduled to be carried out within any part of the period 0200 and 0459 hours local time, for 2 consecutive nights, then crewmembers will finish the duty preceding this series of duties by 2359 hours local time before commencing the block of 2 consecutive night duties, such that the crewmembers can take a rest period during a local night. NOTE: Under this Option in the event of 2359 hours being exceeded, then only the first of the 2 planned consecutive night duties that impinge on any part of the period 0200 to 0459 hours local time may be undertaken. 8.4.1.4 3 consecutive night duties Should any duties be scheduled to be carried out within any part of the period 0200 and 0459 hours local time, for 3 consecutive nights, then crewmembers will finish the duty preceding this series of duties by 2100 hours local time before commencing the block of consecutive night duties, such that the crewmembers can take a rest period during a local night. NOTES: 1 Under this Option in the event of 2100 hours being exceeded, then only the first of the 3 planned consecutive night duties that impinge on any part of the period 0200 to 0459 hours local time may be undertaken.

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2 In all cases the limits in paragraph 7.7.2 or 7.7.3 must not be exceeded (i.e. maximum of 3 consecutive nights and 4 in 7 consecutive days).

8.5

Delayed Reporting Time in a Single FDP

8.5.1 When a crewmember is informed of a delay to the reporting time due to a changed schedule, before leaving the place of rest, the FDP shall be calculated as follows. When the delay is less than 4 hours the maximum FDP allowed will be based on the original report time and the FDP will start at the actual report time. When the delay is 4 hours or more, the maximum FDP will be calculated using the more limiting of the planned and actual report times and the FDP will start 4 hours after the original report time. 8.5.2 When the company informs a crewmember before leaving the place of rest of a delay in reporting time of 10 hours or more ahead, and that crewmember is not further disturbed by the company until a mutually agreed hour, then that elapsed time is classed as a rest period. If, upon the resumption of duty, further delays occur then the appropriate criteria in this paragraph and paragraph 7.10.1 above will be applied to the rearranged reporting time.

8.6

Standby Duty

8.6.1 The time of start, end and nature of the standby duty will be defined and notified to crewmembers. The time a standby duty starts determines the allowable FDP, except that when the actual FDP starts in a more limiting time band, then that FDP limit will apply. However, when a standby duty is undertaken at home or in suitable accommodation provided by the company during the period 2200 to 0800 hours local time, and a crewmember is given 2 hours or less notice of a report time, then the allowable FDP starts at the report time at the designated reporting place. 8.6.2 When a crewmember is on standby duty on immediate readiness at an airport, the allowable FDP is calculated using the start time of the standby duty. 8.6.3 If a crewmember is called out from standby, the standby duty will cease when the crewmember reports at the designated reporting point.

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8.6.4

The following limits apply: Duty Standby Duty (all cases) Standby followed by FDP Case A If a crewmember is called out from standby to conduct an FDP before completing 6 hours standby duty then the total duty period allowed is the sum of the time spent on standby and the FDP obtained from paragraph 7.13. Case B If a crewmember is called out from standby to conduct an FDP after completing 6 or more hours standby duty, then the total duty period allowed is the sum of all the time spent on standby and the FDP obtained from paragraph 7.13, reduced by the amount of standby worked in excess of 6 hours. NOTE: The reference to total duty period applies only to the sum of the standby time achieved + the allowable FDP obtained from paragraph 7.13. On the day, for cumulative duty totals and for minimum rest purposes, the total duty achieved will be standby time achieved + FDP achieved + post flight duties + any positioning. Maximum Duration 12 hours As in Case A and B below

8.6.5 When any period of standby finishes, during which a call-out has not occurred, at least 12 hours rest must follow prior to the next duty period. Similarly, following the end of a contactable period or periods, at least 10 hours must elapse prior to the next duty period.

8.7 8.7.1

Maximum FDP The standard reporting time prior to flight is 45 minutes. Pre-flight duties are part of the FDP; 30 minutes duty will be allowed for post-flight activities. The time spent between reporting for a flight and the completion of post-flight tasks determines the length of the subsequent rest period. If this "period" for post FDP duties is routinely exceeded then the post FDP duty period stated in the scheme must be revised to better represent the actual time taken.

8.7.2 A non-standard reporting time designed to take advantage of an increased

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FDP from a more favorable time band, must not be used. 8.7.3 Table A applies when the FDP starts at a place where the crewmember is acclimatized; Table B applies at other times.

Local time of start 0600-0759 0800-1259 1300-1759 1800-2159 2200-0559

Sectors 1 13 14 13 12 11 2 12 13 12 11 10 3 11 12 11 10 9 4 10 11 10 9 9 5 10 11 10 9 9 6 9 10 9 9 9 7 9 10 9 9 9 8 or more 9 9 9 9 9

NOTE: The practice of inserting a short duty into a rest period of between 18 and 30 hours in order to produce a rest period of less than 18 hours, thereby taking advantage of the longer FDP contained in Table B, is not permitted. 8.7.4 Report times must not be reduced in order for crewmembers to achieve their required rest prior to an FDP.

8.8

Extension of Flying Duty Period by Split Duty

8.8.1 When an FDP consists of two or more sectors - of which one can be a positioning journey counted as a sector - but separated by less than a minimum rest period, then the FDP will be extended by the amounts indicated below: Consecutive Hours Rest Less than 3 3 - 10 Maximum Extension of the FDP NIL A period equal to half the consecutive hours rest taken

8.8.2 The rest period shall not include the 60 minutes total allowed for immediate post flight and pre-flight duties. When the rest period is 6 hours or less it will suffice if a quiet and comfortable place, not open to the public, is available. If rest is taken in the aircraft on the ground, the crew must have adequate control of the temperature and ventilation within the aircraft, either by use of a ground power unit or the aircraft internal power units. The passengers must not be on board. If the rest period is more than 6 consecutive hours, then suitable accommodation will be provided by the company.

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8.9

Rest Periods

8.9.1 The minimum rest period which must be taken before undertaking a flying duty period shall be: a) b) at least as long as the preceding duty period, or 12 hours,

whichever is the greater.

8.10

Aircraft Commander's Discretion to Extend a Flying Duty Period

8.10.1 An aircraft commander may, at his discretion, and after taking note of the circumstances of other members of the crew, extend an FDP beyond that permitted in paragraph 7.13, provided he is satisfied that the flight can be made safely. The extension shall be calculated according to what actually happens, not on what was planned to happen. An extension of 3 hours is the maximum permitted, except in cases of emergency (see Note). 8.10.2 A commander is authorized to exercise his discretion in the following circumstances and to the limits set. In a Flying Duty Period involving 2 or more sectors, up to a maximum of 2 hours discretion may be exercised prior to the first and subsequent sectors, but this may be up to 2 hours prior to the start of a single sector flight, or immediately prior to the last sector on a multi-sector flight. 8.10.3 A commander may exercise discretion to extend an FDP following a reduced rest period, only exceptionally, and then only to the extent necessary to allow for unforeseen circumstances that become apparent during the last sector. NOTE: In respect of an extension to a flying duty period, an emergency is a situation which in the judgment of the commander presents a serious risk to the health or safety of crew and passengers, or endangers the lives of others.

8.11

Days Off

8.11.1 Wherever possible, and if required by the crewmember, days off will be allocated so that they can be taken in the home environment. 8.11.2 A single day off will include 2 local nights, and cover at least 34 hours. 8.11.3 A planned rest period may be included as part of a day off.

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8.11.4 Crewmembers will: a) not be on duty more than 7 consecutive days between days off, but may be positioned to the usual operating base on the next day after which they will have 2 consecutive days off, and have 2 consecutive days off in any consecutive 14 days following the previous 2 consecutive days off, and have a minimum of 7 days off in any consecutive 4 weeks, and have an average of at least 8 days off in each consecutive 4 week period, averaged over 3 such periods.

b)

c) d)

8.12

Absolute Limits on Flying Hours

8.12.1 A person shall not act as a member of the flight crew of an aircraft if at the beginning of the flight the aggregate of all previous flight times: a) during the period of 28 consecutive days expiring at the end of the day on which the flight begins exceeds 100 hours. (This means that on the 28th day a flight crewmember may depart on a single sector flight, and may complete that sector, even though at the end of the flight the total flying hours completed in 28 days will exceed 100 hours. Consequently, the flight crewmember cannot then continue to operate as a flight crewmember on any subsequent sectors during that day); or during the period of 12 months, expiring at the end of the previous month exceeds 1000 hours.

b)

8.12.2 Cumulative Duty Hours 8.12.3 The maximum duty hours for flight crew will not exceed: 55 hours in any 7 consecutive days, but this figure can be increased to 60 hours when a rostered duty covering a series of duty periods has commenced and is subject to unforeseen delays; 95 hours in any 14 consecutive days; and, 190 hours in any 28 consecutive days. 8.12.4 When a crewmember is not rostered for either standby or flying duties for

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28 or more consecutive days then any duty hours worked will not be added to cumulative totals. However, when a crewmember is anticipated to return to either standby or flying duties the duty hours worked in the 28 days preceding that duty must be recorded. Those hours worked will be used to ensure that the crewmember complies with the requirements of this scheme. 8.12.5 Calculation of Cumulative Duty Hours Duty hours will be added to cumulative totals in accordance with the following: a) to count in full: i) Duty periods and flying duty periods, plus subsequent postflight duties All standby duty, except that specified in b) i) and ii) below The time spent on positioning

ii) iii) b)

to count as half the time on duty: i) The standby duty, when the period of notice given to the crewmember by the company before reporting for duty is at least treble the time stated in paragraph 7.13.1 The standby duty when undertaken at home, or in suitable accommodation provided by the company, takes place during the period 2200 to 0800 hours local time, and the crewmember can take undisturbed rest and is not called out for duty.

ii)

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