6.1 Authority of the Pilot-in-Command & the Sterile Flight Deck
Key Takeaways
- Nig. CARs Part 8 places responsibility for the safe conduct of the flight with the pilot-in-command, including ensuring a flight is not commenced when a crew member is incapacitated by injury, sickness, fatigue or the effects of alcohol or drugs.
- The PIC ensures passengers are briefed on seat belts, exits, life jackets, oxygen and emergency equipment, and may delegate the briefing to cabin crew but shall ascertain that it was properly conducted.
- Nig. CARs 8.9.2.1 requires each passenger on a commercial air transport flight to comply with instructions given by a crew member.
- The senior cabin crew member is the PIC's point of contact for the cabin and is responsible for the cabin secure report and for relaying emergency briefings.
- During sterile flight deck periods cabin crew do not contact the flight deck except for matters affecting the safety of the flight, and safety calls are never barred.
What the pilot-in-command's authority means
Nig. CARs Part 8 vests responsibility for the safe conduct of the flight in the pilot-in-command (PIC). That authority appears throughout the Part in concrete duties rather than as a slogan:
| Duty | Provision |
|---|---|
| Ensure the flight is not commenced if a flight crew member is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of alcohol or drugs, and not continued beyond the nearest suitable aerodrome where capacity is significantly reduced | 8.5.1.x |
| Ensure crew members and passengers are made familiar with seat belts, emergency exits, life jackets, oxygen dispensing equipment and other emergency equipment | 8.9.1.4 |
| Ensure all persons on board are aware of the locations and general manner of use of the principal emergency equipment carried for collective use | 8.9.1.4 |
| Ensure all persons on board are instructed in appropriate emergency action in an in-flight emergency | 8.9.1.5 |
| Ensure passengers are secured in their seats for take-off, landing, turbulence and any emergency | 8.9.1.4 |
| Require passengers to use oxygen continuously at cabin pressure altitudes above 4,000 m (13,000 ft) | 8.9.1.6 |
| Ensure the minimum number of required cabin crew members is on board a passenger-carrying flight | 9.3.1.7(d) |
| Direct cabin crew to be seated whenever the PIC considers it necessary | 8.14.11.2, 8.14.11.3 |
Delegation, and its limit
Several of these duties carry an identical note in the regulation: "When cabin crew members are required in a commercial air transport operation, the PIC may delegate this responsibility, but shall ascertain that the proper briefing has been conducted before take-off."
Two lessons follow. First, cabin crew perform the safety briefing as the PIC's delegates, which is why the briefing content and its timing are not negotiable and cannot be shortened for a late departure. Second, delegation does not transfer accountability. The PIC must satisfy themselves that it happened, which is what the cabin secure report provides. A crew member who reports the cabin secure without having completed the briefing has given the PIC a false basis for departure.
The senior cabin crew member
Part 8 uses the abbreviation SCCM for senior cabin crew member, and Part 9 requires the operator's manual structure to distinguish the senior cabin crew member from other cabin crew members. In practice the SCCM:
- Is the single point of contact between the flight deck and the cabin, so that the flight crew receive one consolidated report rather than four;
- Allocates and confirms door and equipment assignments for the sector;
- Issues arm and disarm commands and receives the cross-check reports;
- Makes the cabin secure report before departure and before landing;
- Receives the emergency briefing from the PIC and relays it to the cabin crew;
- Together with the PIC, makes exit row seating determinations under 8.9.2.11 where the operations manual so provides;
- Leads the cabin in an emergency and initiates evacuation if the flight deck is incapacitated or no order is received when the situation clearly demands one.
Passengers must comply
Nig. CARs 8.9.2.1 is short and powerful: each passenger on a commercial air transport flight shall comply with instructions given by a crew member in compliance with this section. Passengers must also comply with instructions implementing exit seating restrictions, and no person may smoke while the no-smoking sign is lighted.
This converts a crew instruction into a legal obligation. When a passenger refuses to stow a bag, sit down for landing or stop smoking, the crew member is not making a request that can be negotiated — they are giving an instruction the passenger is required by law to obey. That framing matters when escalating an unruly passenger event, because it establishes at what point the passenger's behaviour became a regulatory breach rather than mere discourtesy.
Sterile flight deck
The sterile flight deck concept restricts non-essential communication and activity during critical phases of flight — normally taxi, take-off, initial climb, descent, approach and landing, below a level defined in the operator's manual.
| Call | Sterile period? | Reason |
|---|---|---|
| Fire, smoke or fumes anywhere in the aircraft | Call immediately | Safety of flight |
| Suspected security threat or interference | Call immediately | Safety of flight |
| Serious injury, collapse or suspected cardiac arrest | Call immediately | Safety of flight |
| Structural damage, unusual noise or vibration, fluid leak, external observation | Call immediately | Safety of flight |
| Passenger refusing to be seated for landing | Call | Affects the safe conduct of the approach |
| Catering shortage, entertainment fault, seat dispute, meal request | Do not call | Not safety related |
The rule exists because the accident record contains flights lost when the flight crew were distracted at low altitude by non-essential conversation. But the corollary is equally important and equally examinable: the sterile flight deck never bars a safety call. A crew member who waits for a sterile period to end before reporting an engine fire has misunderstood the rule entirely.
Building the loop back the other way
Authority flows down; information must flow up. A flight deck that never hears from the cabin is not a well-run flight deck. Effective practice includes a pre-flight briefing in which the PIC and the SCCM agree communication protocols, the sterile period definition, the emergency briefing format and the arrangements for the sector; regular status reports; and a debrief after any occurrence. The regulation requires joint CRM training with flight crew and flight operations officers precisely so that both sides practise this loop before they need it.
The PIC delegates the passenger safety briefing to the cabin crew. What does Nig. CARs additionally require of the PIC?
A passenger refuses to stow a large bag that is blocking the aisle before departure. What is the legal position under Nig. CARs?
During the sterile flight deck period on approach, a crew member notices a strong smell of burning from a galley. What is correct?
Which of the following is a responsibility of the senior cabin crew member rather than of individual cabin crew?