REGULATORY & SAFETY GUIDELINES
LIABILITY OF DISPATCH
The concept of liability of dispatch is that the operator is obligated to do what is required by law, what is promised in the contract for services, or what is customary.
If passengers, aircraft service providers, or the public assume a person aboard an aircraft is acting as a crewmember due to service-related duties carried out upon a flight, it is most likely that person will be identified as a crewmember in the case of any legal or insurance related action. If action is taken, it will be the obligation of this person to produce documentation supporting the proper training as a crewmember regardless of the job description given (i.e. hostess, cabin serer, customer service provider, attendant, etc).
The legal ramifications are NOT avoided, and may actually be compounded by listing a person, with assigned duties during flight, as a passenger.
The plain fact of this job is that a situation can arise mid-flight. An aircraft cannot simply pull over on the side of the road to address a problem if one should arise-- FACTS Training is designed to provide a full and complete compliment of problem solving skills to lead passengers and crewmembers out of harms way if faced with an emergency situation. Upon completion of the FACTS Training program, you will be proud of your capabilities and will certainly be an asset to any aircrew.
AUTHORITY OF PILOT IN COMMAND
The pilot has ultimate responsibility for the safe operation of the flight. There are several rules that highlight their command.
FAR 91.3 Responsibility and Authority of the PIC (paraphrased)
a) The Pilot In Command of an aircraft is directly responsible for, and is the final authority as to, the operation of the aircraft.
b) In an emergency requiring immediate action, the PIC may deviate from any rule to the extent required to meet that emergency.
c) Each PIC that deviates from a rule shall, upon request, send a written report of the deviation to the administrator.
25 Aviation Basics
OPERATIONAL CONTROL
The flight the term, Operational Control, means the exercise of authority over initiating, conducting or terminating a flight. The operator’s operational control system should include all of the elements of operations, e.g., crewmember and aircraft requirements, lease agreements, management personnel and persons authorized to exercise operational control.
As a crewmember you want to know under what regulations you are being dispatched based upon the dispatcher’s air carrier’s certificate. There are different standards that govern a charter operators, FAR Part 135, fractional ownership,and FAR Part 91 subpart K. It is the certificate holder’s responsibility to maintain compliance of the regulations as part of their “operational control’ throughout the flight.
The Captain should know and brief the crew on who has operational control of the aircraft. Prudence and common sense would dictate so. During Part 91 subpart K flights, the crew must be briefed on all aspects of Operational Control of the flight and the passengers must be briefed on the name of the entity in operational control of the flight.
STERILE COCKPIT
The sterile cockpit is an industry standard for Part 91 and a required operating procedure for Part 135 and EASA operations. It provides for a reduction of distractions during critical phases of flight, i.e. - all ground operations involving taxi, takeoff and landing, and all other flight operations conducted below 10,000 feet, except cruise flight.
Sterile cockpit procedures prohibit activities such as eating meals, engaging in nonessential conversations within the cockpit and nonessential communications between the cabin and cockpit crews, and reading publications not related to the proper conduct of the flight which are not required for the immediate safe operation of the aircraft.
No unnecessary paperwork and no eating or drinking.
• aircraft taxi • the last 1,000 feet prior to level off at any assigned altitude. • operations below 10,000 feet
When sterile cockpit is in effect, cabin personnel shall refrain from interfering with the cockpit crew, unless for safety consideration.
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