135.267 and 91 question

[grandma]

post erased

 

[charter dog]

I think I used to work for that company!

Or one like it.

You've raised two separate issues here. I'll try to summarize based on the given scenario.

1) 91 or 135?

If the company represents to you that it is part 91, it places you in the uncomfortable position of deciding whether to accept that as your legal protection should this flight come under FAA scrutiny for any reason. Should this happen, you will be at the mercy of the FAA with regard to your complicity in conducting an "illegal charter". Interchange and use agreements may or may not legally allow this flight to be conducted under part 91. In my company, if the owner, his guests, employees or others are to be flown on an aircraft of another owner, it is 135. This point alone could be argued ad nauseum. Legal consultation may be required. Suffice to say that trusting what the company "SWEARS" is true carries a risk that you, the PIC, assume if you accept this flight, knowing what you know, or should have known. Use your best judgement.

Some pilots have accepted written statements from airplane operators which declare that the flight is to be conducted under part 91, believing that this indemnifies them enforcement action. That's a crapshoot! One scumbag outfit I know of would gladly provide such a document if it got the pilots to fly the trip. They sold block time and called it "fractional ownership". (pre-91 subpart K) They also allowed non-owned aircraft to be used by other owners without a legal interchange agreement. After a disgruntled pilot went to feds, this company was watched and eventually caught in the act. Only one of the 4 pilots caught up in this trap at that outfit was eventually subject to enforcement action, and only because an F.O. turned over on him to negotiate his way out of it.

Remember also, that even if it is really part 91, perhaps due to an interchange use agreement that you are not privy to, any 135 flight tommorrow requires you to comply with flight, duty and rest requirements for all 135 ops, using the 24 hour "lookback".

2) Am I legal to fly a 91 trip tonight?

That falls within the safety judgement of the crew. If you think you can do it safely, part 91 leaves it up to you. If you microsleep down final and run off the end of that icy runway, nobody will accept the "they made me fly tired" excuse. FAA, the insurance companies and the owners will crucify you. It's all on you! I know somebody who collected an altitude bust and tried that excuse. 120 days! They nearly got him on a 91.13 before he took the hint, wised up and shut his pie-hole.

So the bottom line is that it is up to you to follow the rules and exersize good safety judgement. Many pilots have allowed themselves to be victimized by sharp operators. I apologize for the lecture on PIC responsibilities, but this is what it comes down to in the real world.

My suggestion is to discuss these issues with your D.O. with the stated intent of "becoming educated". Take notes. If what you are told seems evasive or doesn't smell right, don't challenge him on the spot. Instead, smile and thank him for his attention and bid him a good day. Now go and share your notes and observations with someone whose expertise and discretion you trust. If you feel your job is in jeopardy simply for bringing up these issues, then by all means, tread carefully while you find another job. Pick your battles carefully and play the "safety card" if you have serious safety concerns about a flight that cannot be resolved. Working for scumbags who would pressure you to fly beyond reasonable limits is a difficult situation to be in . I have been there. A paycheck and gaining the resume creds needed to secure a better position are strong influences on a pilot's judgement. Be aware of that influence when you make decisions and remember that these days, you need to survive this job with no incidents, accidents or violations in order to make this job worth the trouble of having done it and have a shot at landing the "dream job".

Use your best judgement and you might just survive this intact like so many thousands of others. You have to proceed as though you are the only person in the world who will act to protect your interests. It's just business to them. Cynicism with a smile! That's the ticket.

Best of success,

 

[grandma]

I think I used to work for that company!

You probably did and then left... Which might very well be what I have to do.

 

[pilothouston123]

You are working for the company beyond your duty limits. If they asked you to clean the john after your 14 hours were up, that would be illeagal. If they called you to tell you your paychecks was ready during your rest period. That would be illeagal.

I the real world, I try to help the company any way i could. Flying is to easy to get busted for duty time vilations. Let them know you are protcting your ticket and theres also by minding your intruptations of the regs. And don't complain about anything else.

 

[A Squared]

If they called you to tell you your paychecks was ready during your rest period. That would be illeagal.

Not true, FAA counsel has stated that a single phone call does not interrupt a required rest period. However, during a required rest period you have no obligation to answer the phone. If you have an obligation to answer the phone, it isn't rest.