Ok, here's the context:
The Federal Aviation Act of 1958, 49 U.S.C. §§ 40101
et seq. (Act), directs the Administrator of the Federal Aviation Administration (FAA) to "promote safe flight of civil aircraft in air commerce" by prescribing "regulations in the interest of safety for the maximum hours or periods of service of aircrew and other employees of air carriers." 49 U.S.C. § 44701(a)(4). The rules issued by the FAA under section 44701(a)(4) of the Act are generally referred to as "flight time limitations."
1 In 1985, pursuant to notice-and-comment rule- making, the FAA promulgated FAR 121.471, establishing flight time limitations and rest requirements for "flight crew- members engaged in air transportation."
See Flight Time Limitations and Rest Requirements, 50 Fed. Reg. 29,306 (July 18, 1985). While the FAA was focused on simplifying scheduling and giving air carriers added scheduling flexibility, it also noted in the notice of proposed rulemaking that the "current Part 121 rule ... provides no protection against acute short-term fatigue for crewmembers."
See Flight Time Limitations and Rest Requirements for Flight Crewmem-
bers, 49 Fed. Reg. 12,136, 12,136-7 (March 28, 1984). The regulation allows a domestic airline "certificate holder" to schedule, and a crewmember to accept, a flight assignment only if the crewmember's total flight time does not exceed yearly, monthly and weekly maximum flight time limitations. 14 C.F.R. § 121.471(a)(1)-(3). In addition, the regulation establishes a maximum of eight hours of flight time between "required rest periods." 14 C.F.R. § 121.471(a)(4). Pursuant to subsection (b), during the twenty-four consecutive hours preceding "the scheduled completion of any flight segment," a crewmember must be scheduled for a rest period of at least nine consecutive hours for eight hours or fewer of "scheduled flight time"; ten consecutive hours of rest for more than eight but fewer than nine hours of "scheduled flight time"; and eleven hours of rest for nine or more hours of "scheduled flight time."
Id. § 121.471(b)(1)-(3). Subsection (c), however, allows a carrier a measure of scheduling flexibility by way of a "compensatory rest period." A required rest period of nine hours may be "scheduled for or reduced to" a minimum of 8 hours if the crewmember is given compensatory rest of at least ten hours "begin[ning] no later than 24 hours after the commencement of the reduced rest period."
Id. § 121.471(c)(1).
2 Compensatory rest, like required rest under paragraph (b), may not be reduced or delayed under any circumstances.
See 14 C.F.R. § 121.471(e);
see also 50 Fed. Reg. at 29314 ("If a flight crewmember does not receive the required number of hours of rest, the operator and the flight crewmember are in violation of the regulation").
3
The context doesn't change a thing. You are the one who doesn't understand it. Law does not read between the lines, which is why it sometimes seems so convoluted and verbose.
If you can find some document to prove your side, I'll join you over there, but give it up with this one, it just doesn't do it. Don't bother trying to tell me that you've talked to so-and-so or know "that" guy, I don't believe most things that pilots say about topics like this without proof, especially when I don't know them personally.
Care to try again?
