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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.

Commander's DIscretion guidelines

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.