Aviation disaster warning: New Zealand Air Line Pilots' Association says rules covering fatigue needed

Unions say NZ is an outlier with the lack of rules covering fatigue for airline crew. Photo / Supplied

New Zealand risks an aviation disaster unless more is done to address fatigue management in pilots, air traffic controllers and other aviation workers, says a union.

The New Zealand Air Line Pilots' Association (NZALPA), which represents more than 2600 pilots, all air traffic controllers and most flight service operators, told the transport and infrastructure select committee that there are no provisions protecting against air traffic controller and cabin crew fatigue.

The select committee is hearing submissions on the Civil Aviation Bill, which will replace the Civil Aviation Act 1990 and the Airport Authorities Act 1966.

NZALPA said current pilot fatigue provisions don't meet international civil aviation standards New Zealand is required to comply with.

"Fatigue can be as dangerous as drug and alcohol misuse and can lead to errors with potentially fatal consequences. It has been linked to airline disasters internationally," said the association's president Captain Andrew Ridling.

"With this bill we have a once-in-a-generation opportunity to make our skies safer. As aviation professionals, we simply can't stand by while nothing is done. We must have regulations addressing fatigue management or we risk errors – with potentially fatal consequences."

Ridling said the association and Massey University drafted regulations on fatigue management, but the Civil Aviation Authority (CAA) shelved the work nearly two years ago, citing a lack of resources.

''This cannot be acceptable, particularly as many New Zealanders prepare to take to the skies again as post-Covid pandemic borders begin to open.''

In its written submission on the bill, the association said it urged the CAA in 2017 to bring in regulations that fully reflected International Civil Aviation Organisation standards and recommendations.

''This would require CAA to be properly resourced and have the relevant expertise and oversight. Finally, it would also require prescriptive fatigue management regulations to set a minimum standard for a process by which an equivalent or better level of safety could then be achieved by operators through the use of a fatigue risk management system.''

The written submission says large operators are required by Civil Aviation rules to have a scheme for the regulation of flight and duty times for all flight crew.

''However, this provides operators with a lot of flexibility and does not provide minimum standards.''

Andrew Ridling, president of the NZ Air Line Pilots' Association. Photo / Greg Bowker

The rule also requires flight crew members not to report for duty if they know or suspect that they are suffering from, or are likely to suffer from, fatigue.

''Unfortunately, it is a scientific fact that fatigue has a strong effect on alertness. This often means, and is recognised, that flight crew who are fatigued do not know that they are fatigued or may not be aware of being fatigued.''

The current regulatory environment results in fatigue rules being flexible and subject to
breaches, for example crew can feel the pressure to complete duties despite fatigue in fear of disruption of the services to the passengers.

''We have also heard reports of pilots being told by their employers that they would be held responsible for the costs of delays arising from reporting fatigued and even of them being called to disciplinary meetings for making fatigue reports.''

The committee this week heard from E tū, whose head of aviation, Savage, said fatigue was a serious problem for cabin crew. International cabin crew flew some of the longest sectors in the world, given New Zealand's location.

''There are some regulations in place for pilots, but there are no regulations in place with regard to cabin crew, despite cabin crew being fundamental to the integrity of every flight.''

Cabin crew had fallen through gap between CAA rules and workplace safety laws.

''Fatigue is a problem that creeps up on us and becomes really apparent often at the wrong time when something goes wrong. So it's important that we prepare in advance and make sure that cabin crew are protected as much as possible.''

The association is also pushing for a positive safety culture, where aviation workers can feel comfortable sharing operational information and learning from each other, without fear of prejudice or punishment.

"We need a culture where we have sufficient trust in the system that we are willing to report our own errors. It is well recognised that a positive safety culture prevents systemic failures across the aviation system," Ridling said.

In its current form, the bill fails to recognise ICAO principles, which provide a legal test for when safety data should be protected or disclosed, he said.

The association also wants an independent Civil Aviation Appeals Authority, separate from the CAA and other government agencies.

"Regulatory and safety agencies hold tremendous power and it's important that there is a channel for independent review of their decisions. We believe there are too many conflicts of interest in the CAA's role currently and an independent appeals authority would be a major step towards ensuring people are confident we have a just culture and that they will receive a fair hearing," said Ridling.

NZALPA represents more than 90 per cent of unionised pilots in New Zealand.