The operator shall not assign, and no crew member shall accept an assignment, if such assignment is not in compliance with the provisions of the scheme referred to in subregulation (1)(a) or if-
(a) the operator or crew member knows or has been made aware that such flight assignment will cause the crew member to exceed the flight time and duty periods referred to in subregulation (1)(a) while on flight duty; or
(b) the crew member is suffering, or having regard to the circumstances of the flight to be undertaken is likely to suffer, from fatigue, which may endanger the safety of the helicopter or persons on board.