Tail End Ferry Flights

The following question came in yesterday, and I felt it would be helpful to all if I shared my response.

You asked the following question:
Do you have any link to regulation for considering Ferry flights as FDP when ending a series of flights?

ORO.FTL.105 provides the following definitions:

(12) “flight duty period (FDP)” means a period that commences when a crew member is required to report for duty, which includes a sector or a series of sectors, and finishes when the aircraft finally comes to rest and the engines are shut down, at the end of the last sector on which the crew member acts as an operating crew member;

(17) “operating crew member (OCM)” means a crew member carrying out duties in an aircraft during a sector;

(18) “positioning” means the transferring of a non-operating crew member from one place to another, at the behest of the operator, excluding:

(i) the time of travel from a private place of rest to the designated reporting place at home base and vice versa, and
(ii) the time for local transfer from a place of rest to the commencement of duty and vice versa;

(24) “sector” means the segment of an FDP between an aircraft first moving for the purpose of taking off until it comes to rest after landing on the designated parking position;

My interpretation:

There is no distinction between “Ferry Flight” and “Commercial Operation”, for the aircraft to have flown, the Flight Crew Member (FCM) is considered an OCM, as per definition (17), thus the ferry flight is considered to be part of the FDP.

With respect to Cabin Crew Members (CCM), those individuals could be considered to be positioning/non-operating crew members, Dependant upon company policies as documented and approved, If the CCM is responsible for performing duties pertinent to the safety of individuals onboard
eg. evacuation protocols, I would imagine that such a CCM would also be considered an OCM, and the ferry flight would be considered to be part of the FDP.

Reference info from the EASA:

The EASA issued a document with FAQ’s in July 2015. (see page 14 of attached document).

Question 1:
How should ferry flights performed by crew members of a given operator be accounted for? DP or FDP?

  • Case 1: CAT flight then ferry flight
  • Case 2: Ferry flight then CAT flight.

Response 1:
Annex I to Reg. 965/2012 does not define ‘ferry flight’. Crew members performing any activity within the scope of the BR (as opposed to private flying for leisure/fun) are subject to Subpart FTL when they conduct activities within the scope of an AOC.

Question 2:
Complementary question: when a ferry flight counts as FDP, does it count as a sector?

Response 2:
Crew members performing any activity within the scope of the BR (as opposed to private flying for leisure/fun) are subject to Subpart FTL when they conduct activities within the scope of an AOC. If a ‘ferry flight’ is conducted within the scope of an AOC, it counts as FDP and sector.

FAQ_FTL 2015

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