OPERATION CONTROL

Operational control is defined as the exercise of authority over the initiation, continuation, diversion or termination of a flight in the interest of safety of the aircraft and the regularity and efficiency of the flight.

An Operator may delegate the authority for a specific flight to qualified individual(s), but always retains overall responsibility for operational control. An Operator may also assign the responsibility to carry out functions, duties, or tasks related to the operational control of each flight to identifiable, qualified and knowledgeable individual(s).

Such authority is typically delegated to individuals in conjunction with an operator’s system of operational control, to include, as applicable:
• Shared systems, wherein operational control authority is shared between the Commander and a Flight Operations Officer/Flight Dispatcher (FOO/FD) or designated member of management, such as the Director Flight Operations, Flight Support Manager (or other designated post holder);
• Non-shared systems, wherein operational control authority is assigned only to the Commander.

In operational control over a flight is shared between the Commander and the Flight Dispatcher (Flight Operations Officer).

Operational control begins with the formation of the Operational flight plan (OFP) and continues until the termination/completion of the flight. The Commander and the Flight Dispatcher (Flight Operations Officer) share the responsibility for the flight. During the time that a flight is being planned or operating, the decision making process should also consider the operational input of any person or department who may have commercial, financial, or other resource motivations, such as availability of ground and passenger handling/transfer equipment at an alternate airport.

While this entity has the authority to make suggestions which may impact the operation of the aircraft, this operational input shall not compromise good operational judgment in the decision making process.

During the pre-flight phase of the flight:
The responsibility for the flight is shared between the Flight Dispatcher and the Commander. The Flight Dispatcher’s tasks include preparation of most items required in pre-planning a flight. The Flight Dispatcher must take into consideration weight and balance, aircraft performance, MEL items, weather, NOTAMS and any other consideration that may affect the safety of the flight.

The Flight Dispatcher and the Commander share equal responsibility for the planning of the flight. After the Commander accepts the Operational Flight Plan (OFP), the Flight Dispatcher and the Commander shall share pertinent and related flight information, including any proposed changes to the Operational Flight Plan. In case of disagreement on the OFP, the disagreement must be resolved before the flight proceeds. The shared responsibility is applicable until the brakes are released at the beginning of the take-off run. As long as the aircraft is on the ground prior to this point, the Commander and the Flight Dispatcher shall agree on decisions affecting the safety of the flight.

During the airborne phase of the flight:
Once a flight has commenced, the Commander has final authority of the flight and final decision on any changes to the Operational Flight Plan shall be taken by the Commander based on considerations of safety. For the purpose of operational control systems, a flight is deemed to be "commenced" after brake release for take-off.

The Flight Dispatcher becomes responsible to monitor the flight’s progress and to forward any information related to the safety of the flight to the Commander. The Commander is equally responsible for transmitting to the Flight Dispatcher any flight plan change or flight conditions experienced that significantly vary from those mutually agreed in the discussed plan.

In accordance with the text in previous paragraphs, there are two key Flight Dispatcher activities associated with the exercising of operational control, they being pre-departure preparation and flight watch. It is the Company's expectation that each Flight Dispatcher will prioritize workload responsibilities in such a manner as to guarantee that the performance of flight watch always takes priority over pre-departure preparation and planning activities.

The Director Flight Operations or a designated representative shall have responsibility for operational control. Responsibility shall be delegated to the Flight Dispatchers and Commanders. These functions are initiation, continuation, diversion, and termination of a flight.

The person exercising responsibility for operational control for an Operator shall:
• Authorize the specific flight operation;
• Ensure that only those operations authorized by the AOC operations specifications are conducted;
• Ensure that an airworthy aircraft properly equipped for the flight is available;
• Specify the conditions under which a flight may be dispatched or released (weather minimums, flight planning, aircraft loading, and fuel requirements;
• Ensure that qualified personnel and adequate facilities are available to support and conduct the flight;
• Ensure that crew members are in compliance with the flight and duty time requirements when departing on a flight;
• Provide the Commander and other personnel who perform operational control functions with access to the necessary information for the safe conduct of a flight (such as weather, NOTAMS and aerodrome analysis);
• Ensure that proper flight planning and preparation is made;
• Ensure that flight locating and flight following procedures are followed;
• Ensure that each flight has complied with the conditions specified for release before it is allowed to depart;
• Ensure that when the conditions specified for a release cannot be met, the flight is either cancelled, delayed, re-routed, or diverted;
• For all flights, ensure the monitoring of the progress of the flight and the provision of information that may be necessary to safety;
• Coordinate operational instructions involving a change in the ATS flight plan with the appropriate ATS unit before transmission to the aircraft.

DISAGREEMENT RESOLUTION POLICY
The Commander and Flight Dispatcher shall make every effort to resolve all disagreements pertaining to the exercising of operational control in a safe, efficient and timely manner.

However, should an irreconcilable disagreement arise between the Commander and the Flight Dispatcher concerning a flight, the most conservative course of action shall prevail. Advice from the Flight Support Manager and the Director Flight Operations may be sought by the Commander and the Flight Dispatcher in order to resolve the disagreement.

If a resolution of the disagreement is unattainable and a delay or cancellation of a flight occurs, a full written report outlining the basis of the disagreement will be forwarded by both parties to the Director Flight Operations.