Confidential Human Factors
Incident Reporting Programme
The Charity
Aviation
Maritime
CC7094
Initial Report
On our approach, we were told by the captain that ATC hadn’t cleared any flights to land due to the severe weather in the area. This led to us circling until we diverted, as we were going to run out of fuel. Once we landed, we remained parked on stand for several hours as the weather had not cleared. This resulted in many angry passengers, as customs did not allow anyone to disembark, despite there being many people who would have preferred to.
As time passed, it was approaching our FDP (15 hours and 45 minutes), and the question of discretion began to arise. Our SCCM began asking us all if we wanted to go into discretion. I was undecided on what my answer would be but had said yes solely because, if I hadn’t, I would have been the only crew member to say no, which was very stressful and ultimately pressured me to answer the question.
After thinking about it more, I went back to speak to the SCCM and explained that I wasn’t comfortable going into discretion. I voiced my concern but was told that asking us to go into discretion is a courtesy, and ultimately it is the captain’s decision.
While I understand this may be policy, I personally think that if someone openly states that they do not feel capable or comfortable adding additional time to their duty day, they should be within their rights and feel confident enough to voice this.
The end result was that we pushed back and flew to our original destination, which took us up to our maximum FDP. This was one of the most difficult duties I’ve had since working at my operator and left me wiped out for the whole trip and into my days off.
I would also like to add that many crew I spoke to on the bus to the hotel expressed their frustrations and said that they did not feel comfortable saying “no” when asked if they were willing to go into discretion, as most people feel pressured to answer the same as the person before.
Company Comment
Thank you for outlining the circumstances surrounding the diversion and subsequent discussions regarding discretion. Your account highlights important concerns around fatigue, crew wellbeing, and the potential for perceived pressure when discretion is requested.
Information on Commander’s discretion is detailed in our manual. Discretion can only be exercised once crew have reported for their duty period, and the management of unforeseen circumstances (such as weather) during flight operations is a shared responsibility between operations management, flight crew, and cabin crew. The Commander retains overall responsibility for the safety of the flight and may, at their sole discretion, extend the FDP where they assess that safety will not be adversely affected.
It is essential that all crew feel able to express when they are not fit to extend their duty, in line with our fatigue policy. No crew member should feel influenced by group dynamics or concerned about being the sole person to share their concerns about their level of alertness. If a crew member felt that their alertness level was not taken into consideration by the Commander, we would encourage a safety report to be completed so that we can identify the correct use of the Commander’s discretion policy with our flight operations team, such as weather conditions, complexity of airport or the operation, individual conditions and other factors such as cabin service adjustments, inflight rest provided etc.
This is an example of why we rely on crew reporting incidents into the safety management system. This allows us to follow up, establish the facts, determine root causes and causal factors, and provide recommendations where applicable. Learning, feedback and change are driven by these reports, helping prevent recurrence and/or support learning. Reporting is a fundamental part of our just safety culture, ensuring incidents are reviewed using all available systems and data. Reporters are assured that all submissions are handled confidentially in line with UK Reg (EU) No 376/2014, which protects the availability and appropriate use of safety information and provides harmonised protection for reporters and those mentioned in occurrence reports.
CAA Comment
ORO.FTL.115 Crew members responsibilities states: The crew member shall not perform duties on an aircraft if he/she knows or suspects that he/she is suffering from fatigue or feels otherwise unfit, to the extent that the flight may be endangered.
ORO.FTL.205 (f) (3) The commander shall consult all crew members on their alertness levels before using Commanders Discretion.
CHIRP Comment
Extended delays, diversions and periods of uncertainty can be draining, even when your duty remains within regulatory limits. Long days, challenging passenger interactions and disrupted plans can leave crew mentally and physically exhausted. A duty that is technically legal may still feel exhausting and crew are best placed to judge their own capacity.
When reporting fit for duty, crew should consider not only the planned duty but whether they are fit enough to operate up to their maximum Flight Duty Period, including the potential use of Commander’s Discretion. Each crew member is responsible for assessing their own fitness for duty. If a crew member feels uncomfortable extending their duty, this should be treated as a valid safety concern and carefully considered by the Commander.
The Commander then makes a decision for the crew as a whole, using their Commander’s discretion to exercise overall responsibility for the safety of the flight. This isn’t just a ‘courtesy’ — this process helps make sure fatigue and safety are managed effectively, with the Commander reviewing all the information available before making a decision. Regulatory guidance AMC1 ORO.FTL.205(f) Flight Duty Period (FDP) makes clear that the use of Commander’s Discretion is intended to be exceptional and should take into consideration a wide range of factors including weather conditions, Window of Circadian Low (WOCL) encroachment, operational complexity, etc.
During a flight, if a crew member feels that they are no longer fit to operate, they must report this as soon as possible to their SCCM and the Commander so that appropriate action can be taken, and the outcome reported to the operator.
The response when a crew member indicates they are not fit to operate can vary between operators and situations. For example, if a crew member says “no” to extending their duty, they may be stood down immediately. The specific process for this will be outlined in your Operations Manual.
This report also highlights the potential for group dynamics to undermine the process. Asking crew about discretion in a group setting can unintentionally discourage honest responses, especially if someone feels isolated or worried about being the only person to say “no.” For the system to work as intended, crew must feel able to give their personal assessment without pressure or influence.
Fitness to operate is individual and each crew member is best placed to judge their own capacity. The Commander’s discretion is central to managing duty safely, taking into account each crew member’s input and all available information. Crew should feel confident to speak up if they are not fit to operate, and saying “no” should always be respected as a valid safety concern.