If you actually find a charter company that gives it's pilots time off please let us know.
I've certainly worked for a few. Some were scheduled far in advance, others were arranged a day before, but the common denominator has always been at scheduled 24 hours off, prospectively. I've worked at 135 operators that gave one week on, one off, and others two weeks on, two off.
The biggest problem I see with this regulation is the lack of REQUIRED DOCUMENTATION. All the bottom feeders I worked for never had to document a pilot received his/her days off. Same goes for the ten hour rest requirement. If the feds where serious about this regulation they would REQUIRE DOCUMENTATION. None of the Form Ones I ever saw showed anything but duty on/duty off times. Never was there anything that documented when rest began/ended. I ain't no rocket surgeon but even I know that REQUIRED DOCUMENTATION would make it a lot harder for these bottom feeders to get away with this abuse.
Every 135 operator for whom I've worked (seven different operators, I believe) has kept close track of duty and rest times, including days off. Pilots who cannot prove they have operated in accordance with the regulation are subject to violation. The operator is required by regulation to keep these records, and must do so for a period of 12 months.
§ 135.63 Recordkeeping requirements.
(a) Each certificate holder shall keep at its principal business office or at other places approved by the Administrator, and shall make available for inspection by the Administrator the following—
(4) An individual record of each pilot used in operations under this part, including the following information:
(vii) The pilot's flight time in sufficient detail to determine compliance with the flight time limitations of this part.
(b) Each certificate holder must keep each record required by paragraph (a)(3) of this section for at least 6 months, and must keep each record required by paragraphs (a)(4) and (a)(5) of this section for at least 12 months.
The regulation specifically calls for records of flight times specified under Part 135. The specific regulation title for the flight time limitations, however, cites rest times in concert with flight time (eg, "
§ 135.263 Flight time limitations and rest requirements: All certificate holders."). The two go hand in hand. Keeping track of one by necessity means keeping track of the other.
If your employers have not been doing this, they've been out of compliance with the regulation, and without doubt, their own operations manuals. I've yet to meet a POI that doesn't require this documentation.
The manual required under Part 135, generally termed the General Operations Manual (formerly the ATCO manual) will spell out the specific forms prescribed by the company and approved by the FAA. The Manual itself is an approved document, to which those operating under the Certificate are held accountable.
In all cases, I always ensured that a full accounting of my time included a record not only of flight time, but rest time, and off time. When the FAA attempted enforcement action against me for an alleged violation of rest times, I was able to show with those records that I had not committed a violation. The FAA was particularly interested in my detailed records, especially when the company tried to present with a record that differed from mine. The company was then held accountable.
Remember that when dealing with the regulation, you're guilty until proven innocent. When the subjet of enforcement action, you may appeal the enforcement action, but that's your first chance to fight it. After you've already been violated. Protect yourself with very detailed records. At all times be able to show that you had ten hours of rest prior to showing up for duty, at all times be able to show your cumulative flight times, days off, rest periods, etc.
Failure to do so is at your peril.
