Commander’s Discretion: Use it right – or not at all
Updated in 2025, the Commander’s Discretion Guide by ECA clarifies this critical safety & flexibility provision.
Here’s what you need to know:
- It is a tool for unforeseen circumstances, an exceptional ‘fix’ for uncertainties in aviation, not a fix for airlines’ poor planning or systemic scheduling failures.
- It is at your Captain’s discretion – no one else’s.
- You must consult the crew, assess fitness levels, and determine whether it is safe to extend the maximum flight duty. If not, do not.
- If you feel pressured to use discretion or see it being used routinely, document and report it to your union.
- Commander’s Discretion is not only a one-way-street. It is also a tool to reduce the flight duty period or to increase the rest, in case you or your crew are facing unexpected fatigue during the rotation, making it unsafe to continue. If needed, use it that way too.
- We are aware that airlines exert pressure on pilots to use discretion. We have alerted authorities but if you have proof of systemic abuses, report it to your National Authority and via the EASA Confidential Safety Reporting (CSR).
Remember: Commander’s Discretion is a last-resort safety & flexibility buffer, not an operational aid for your airline.
Q & A on Commander's Discretion
ECA FTL expert Carsten Reuter answers pilots' questions on Commander's Discretion.
Q1: Commander's Discretion: how much flexibility?
Question: In practice, Commander’s Discretion is often used to finish a duty and avoid an overnight stay — but how much operational flexibility was it really intended to offer? Where’s the line between smart decision-making and stretching the rules?
Answer: Commander’s Discretion was designed for exceptional use, in case of unforeseen events such as unexpected weather delays or slot issues that come up after reporting.
It’s not there to fix poor planning or save the company money by avoiding hotel costs.
If a crew is routinely expected to extend their duty day, that’s a sign the airline isn’t doing its job in terms of proper planning. That’s not on the pilot to fix.
And here's the bottom line: if you or your crew are already fatigued, using Commander’s Discretion isn’t smart decision-making. It’s a safety risk.
Discretion gives you flexibility, yes! But only when it’s safe, necessary, and truly unexpected.
Anything else is stretching the rules.
Q2: In which situations can you apply Commander’s Discretion to reduce the FDP?
Commander’s Discretion isn’t just about flying longer. It can also be used to reduce the duty period and/or increase the rest when safety is at risk.
For example, if a crew member reports severe fatigue – even on a normal day with clear skies and no delays – the commander can decide to cut the duty short or delay the flight to wait for a rested standby crew.
On the other side, in a high-risk situation, such as flying to a conflict zone, the safest call might be to continue the duty and get out fast, even if someone is tired.
Commander’s Discretion gives you the flexibility to make the safest call at a given moment in time – not just to extend, but also to reduce the FDP if needed. It's always about minimizing actual risk. In fact, ORO.FTL.205(f)(2) explicitly states that if the commander experiences severe fatigue during a flight duty period, he or she shall reduce the actual FDP and/or increase the rest period to eliminate any detrimental effect on flight safety. This makes clear that CD is not a one-way extension tool, but includes the obligation to act in the interest of safety by reducing duty when required.
Q3: Is it enough that every crew member says they are fit to extend the FDP. Willingness matters too?
It’s not just about willingness – it’s about fitness. Can you actually perform your safety-critical tasks properly? And do you still have the mental reserves to handle unexpected challenges?
The commander must speak to each crew member and consider their fatigue levels before deciding.
But just saying 'I’m good' doesn’t settle it.
The commander makes the final call based on the whole picture – including risks, conditions, and yes, crew input.
And remember: a crew member can't force the commander to cut short the duty – just like the commander can’t ignore serious signs of fatigue.
