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route has not made an actual or simulated entry into an airport thereon during the preceding twelve months, he may serve as pilot in command and land at such airport if the reported weather conditions are at least three miles visibility and a ceiling at or above the lowest initial approach altitude for that airport.
§ 40.305 Competence check; other pilots. Prior to serving as pilot. and at least twice each 12 months thereafter at intervals of not less than 4 months nor more than 8 months, each pilot not being utilized as pilot in command shall demonstrate that he is capable of flying by instruments. This demonstration may be made to a pilot serving as pilot in command or a check pilot of the air carrier during scheduled flight.
§40.307 Flight engineer qualification for duty. A flight engineer shall not be assigned to nor perform duties for which he is required to be certificated as a flight engineer unless, within the preceding 6-month period, he has had at least 50 hours of experience as a flight engineer on the type airplane on which he is to serve, or until the air carrier or an authorized representative of the Administrator has checked such flight engineer and determined that he is familiar with all essential current information and operating procedures relating to the type of airplane to which he is to be assigned and is competent with respect to such airplane.
§40.310 Aircraft dispatcher qualification for duty. (a) Prior to dispatching airplanes over any route or route segment, an aircraft dispatcher shall be familiar, and the air carrier shall determine that he is familiar, with all essential operating procedures for the entire route and with the airplanes to be used: Provided, That where he is qualified only on a portion of such route, he may dispatch airplanes, but only after coordinating with dispatchers who are qualified for the other portions of the route between the points to be served,
(b) An aircraft dispatcher shall not dispatch airplanes in the area over which he is authorized to exercise dispatch jurisdiction unless within the preceding 12 months he has made at least one round trip over the particular area on the flight deck of an airplane. The trip selected for qualification purposes shall be one which includes entry into as many points as practicable, but it shall not be necessary for the aircraft dispatcher to make a flight over each route in the area.
FLIGHT TIME LIMITATIONS
{{Anchor+|40.320|§40.320 Flight time limitations. (a) An air carrier shall not schedule any flight crew member for duty aloft in scheduled air transportation or in other commercial flying if his total flight time in all commercial flying will exceed the following flight time limitations:
(1) 1,000 hours in any year.
(2) 100 hours in any month,
(3) 30 hours in any week.
(b) An air carrier shall not schedule any flight crew member for duty aloft for more than 8 hours during any 24 consecutive hours, unless he is given an intervening rest period at or before the termination of 8 scheduled hours of duty aloft. Such rest period shall equal twice the number of hours of duty aloft since the last preceding rest period, and in no case shall the rest period be less than 8 hours.
(c) When a flight crew member has been on duty aloft in excess of 8 hours in any 24 consecutive hours he shall, upon completion of his assigned flight or series of flights, be given at least 16 hours for rest before being assigned any further duty with the air carrier.
(d) Time involved in transportation, not local in character, required of a flight crew member by an air carrier and provided by the air carrier for the purpose of transporting the flight crew member to an airport at which he is required to serve on a flight as a crew member, or from the airport at which he was relieved from duty as a crew member to return to his home station, shall not be considered as part of any required rest period.
(e) Each flight crew member engaged in scheduled air transportation shall be relieved from all duty with the air carrier for at least 24 consecutive hours during any seven consecutive days.
(f) No flight crew member shall be assigned any duty with an air carrier during any rest period prescribed by this part.
(g) A flight crew member shall not be considered to be scheduled for duty in excess of prescribed limitations, if the flights to which he is assigned are scheduled and normally terminate within such limitations, but due to exigencies beyond the air carrier's control, such as adverse weather conditions, are not at the time of departure expected to reach their destination within the scheduled time.
DUTY TIME LIMITATIONS; AIRCRAFT DISPATCHER
§ 40.340 Aircraft dispatcher daily duty time limitations. (a) The daily duty period for aircraft dispatchers shall commence at such time as will permit him to become thoroughly familiar with existing and anticipated weather conditions along the route prior to the dispatch of any airplane. He shall remain on duty until all airplanes dispatched by him have completed their flights, or have proceeded beyond his jurisdiction, or until he is relieved by another qualified aircraft dispatcher.
(b) The following rules will govern the hours of duty for aircraft dispatchers, except when circumstances or emergency conditions beyond the control of the air carrier require otherwise:
(1) Maximum consecutive hours of duty. No dispatcher shall be scheduled for duty as such for a period of more than 10 consecutive hours.
(2) Maximum scheduled hours of duty in 24 consecutive hours. If a dispatcher is scheduled for duty as such for more than 10 hours in a period of 24 hours, he shall be given a rest period of not less than 8 hours at or before the termination of 10 hours of dispatcher duty.
(3) Dispatcher's time off. Each aircraft dispatcher shall be relieved from all duty with the air carrier for a period of at least 24 consecutive hours during any 7 consecutive days.
FLIGHT OPERATIONS
§ 40.351 Operational control. The air carrier shall be responsible for operational control.
(a) Joint responsibility of aircraft dispatcher and pilot in command. The aircraft dispatcher and the pilot in command shall be jointly responsible for the preflight planning. delay, and dispatch release of the flight in compliance with the applicable regulations of this Subchapter and operations specifications.
(b) Responsibility of dispatcher. The aircraft dispatcher shall be responsible:
(1) For monitoring the progress of each flight and the issuance of instructions and information necessary for the continued safety of the flight.
(2) For the cancellation or redispatch of a flight, if, in his opinion or in the opinion of the pilot in command, the flight cannot operate or continue to operate safely as planned or released.
(c) Responsibility of pilot in command. The pilot in command shall during flight time be in command of the airplane and crew and shall be responsible for the safety of the passengers, crew members, cargo, and airplane.
§ 40.352 Operations notices. Each air carrier shall notify the appropriate operations personnel promptly of all changes in equipment and operating procedures, including known changes in the use of navigational aids, airports, air traffic control procedures and regulations, local airport traffic control rules, and of all known hazards to flight, including icing and other potentially hazardous meteorological conditions and irregularities of ground and navigational facilities.
§ 40.353 Operations schedules. In establishing flight operations schedules, each air carrier shall allow sufficient time for the proper servicing of airplanes with fuel and oil at intermediate stops, and it shall consider the prevailing winds along the particular route and the cruising speed of the type of airplane to be flown which shall not exceed the specified cruising output of the airplane engines.
§ 40.354 Flight crew members at controls. All required flight crew members shall remain at their respective stations when the airplane is taking off or landing, and while en route except when the absence of one such flight crew member is necessary in connection with his regular duties. All flight crew members shall keep their seat belts fastened when at their respective stations.
§ 40.355 Manipulation of controls. No person other than a qualified pilot of the air carrier shall manipulate the flight controls during flight, excepting that any one of the following persons may, with the permission of the pilot in command, manipulate such controls:
(a) Authorized pilot safety representatives of the Administrator or the Board who are qualified on the airplane and are engaged in checking flight operations, or
