Canadian Aviation Regulations · SOR/96-433
Positioning Rest
If positioning right after a flight duty period pushes you past the maximum FDP, the operator owes you a rest period equal to your total hours worked — or more if the overrun is over three hours.
Applies to 703704705 · in force since December 12, 2020
Positioning is defined in CARs 101.01 as “the transfer of a flight crew member from one location to another, at the request of an air operator, but does not include travel to or from suitable accommodation or the member’s lodging.” It is still work, and it keeps you awake. Section 700.43 sets the rest owed when a flight duty period plus the positioning that immediately follows it runs past the 700.28 maximum FDP. The mode of travel doesn’t matter (AC 700-047 § 4.45).
Rest owed
| How far the max FDP is exceeded | Rest period before the next FDP | CARs |
|---|---|---|
| 3 hours or less | Equal to total hours of work (FDP + positioning time) | 700.43(1)(a) |
| More than 3 hours | Total hours of work PLUS the amount over the max FDP | 700.43(1)(b) |
Either way, the rest period can never be shorter than the normal 700.40(1) rest (700.43(2); AC 700-047 § 4.46).
Consent limits
The operator cannot require positioning that would push your FDP more than 3 hours past the maximum unless (700.43(3)):
- you agree to it, and
- your FDP is not exceeded by more than 7 hours.
Positioning with no flight to follow
If positioning is not immediately followed by a flight duty period, it is treated as a flight duty period for working out the 700.40 rest that follows (700.43(4)).
Related
Regulation text — CARs 700.43
Reproduced from the consolidated Canadian Aviation Regulations ( SOR/96-433) on the Justice Laws website. CARs 700.43
700.43 (1) If a flight crew member is required by the air operator to travel for the purpose of positioning immediately after the completion of a flight duty period and the flight duty period plus the travel time required for positioning exceed the maximum flight duty period set out in section 700.28, the air operator shall provide the member with a rest period before the beginning of the next flight duty period that is equal to the duration of
- (a) the number of hours of work, if the maximum flight duty period is exceeded by three hours or less; or
- (b) the number of hours of work plus the amount of time by which the maximum flight duty period is exceeded, if the maximum flight duty period is exceeded by more than three hours.
(2) Despite subsection (1), the rest period provided to the member by the air operator before the beginning of the next flight duty period shall not be shorter than the rest period required under subsection 700.40(1).
(3) An air operator shall not require the positioning of a flight crew member if it would result in the member’s maximum flight duty period being exceeded by more than three hours unless
- (a) the member agrees to the positioning; and
- (b) the member’s flight duty period is not exceeded by more than seven hours.
(4) An air operator shall consider the time required for the positioning of a flight crew member, that is not immediately followed by the assignment of a flight duty period, as a flight duty period for the purpose of determining the duration of the rest periods in accordance with section 700.40.
What changed in 2018
In plain language
New with the 2018 rules: explicit rest and consent requirements when positioning after a flight duty period stretches total wakefulness past the maximum FDP.
Paraphrased from Advisory Circular 700-047 .