How do Part 91 flight departments work? They "assign" Part 91 flights all the time,...
We're not talking about a Part 91 flight department. We are talking about a Part 135 certificate holder. Try to keep up.
but according to you no flights can be assigned under Part 91, they must all be volunteer - that's ludicrous.
At no time did I say any such thing. Try to comprehend.
A certificate holder cannot assign, and no flight crew cannot accept, a flight assignment that when planned will exceed the flight time limitations spelled out in the regulation. Further, no certificate holder may assign and no flight crew may accept an assignment that no longer falls within the rest limitations of the regulation.
The certificate holder, which is always a 135 certificate holder, cannot assign a flight to a crew beyond their rest period, regardless of the operating rules fo the flight itself. The certificate holder does not magically become a Part 91 certificate holder...If the certificate holder assigns duty, it's alway subject to the regulation under Part 135. Period.
The crew may certainly operate a flight in accordance with the operating rules of Part 91. The crew is always beholden to Part 91. However, you don't seem to comprehend the difference between being assigned a flight by a Part 135 certificate holder, and the operating rules under which the flight is actually conducted.
The only time that the flight and rest regulations no longer apply to the flight crew is when they no longer have any duty to the company; their duty has ended. After duty has ended, the crew has no more duty to act for the company, and the company (read: certificate holder) cannot assign the crew. Period.
A Part 91 flight department, in other words a flight department which lacks an operating certifiate, is not subject to the limitations proided by the certificate they don't have. Do you understand that? One can't be bound by the rules applicable to a certification one doesn't hold. The introduction of your comments regarding a Part 91 flight department serve only to cloud the issue...one you already don't understand.
A Part 91 flight is a Part 91 flight. It can be "assigned" at the end of a Part 135 day and is not affected by any previous Part 135 flying.
Again, it has nothing to do with previous 135 flying. Duty for the company is done. The crew is no longer beholden to the company, to the certificate holder. The flight is no longer being operated at the request of the company. The company is no longer assigning the flight.
Duty is defined as that time when the crew is obligated to act for the company. When duty is over, the crew is no longer obligated to act for the company. The company cannot assign a crew to act, or plan a flight's completion beyond, the rest limits prescribed for the crew.
For regularly scheduled crews, the duty period is 14 hours...and the crew can't be assigned flights beyond that time. Duty to act for the company, o fly by assignment of the company, at the requet of the company, must be done by the end of those 14 hours. The flights and assignments must be reasonaly planned to be completed by the end of the 14 hour duty period.
For non-scheduled crews which do not have a regular duty period, the crew must at all times be able to look back and find 10 consecutive hours of rest in the previous 24 hours. The non-schduled crew is not assigned duty, yet never the less is limited to 14 hours by the 10 hour rest and 24 hour lookback requirement. When duty to act on behalf of the company is over, so are those restrictions. However, there's the catch.
Duty to act for the certificate holder. The crew cannot have any duty to act for the certificate holder beyond their rest limits (14 hour regularly assigned duty period for scheduled crews, and 10 consecutiv hours in the previous 24 for non-scheduled crews). Any flying done after that isn't something the certificate holder can assign...that will be duty, and the certificate holder can't assign duty past the crews duty and rest limits.
(d) Each assignment under paragraph (b) of this section must provide for at least 10 consecutive hours of rest during the 24-hour period that precedes the planned completion time of the assignment.
You'll note that ten hours of rest must be found in the 24 hour period preceeding, or before, the planned end of duty or the company. The company cannot assign a flight beyond that time. There is the limitation on what the company can ask. The company can assign duty up until that point, but not beyond. Even if the company tries to assign duty beyond that time, the flight crew can't accept it.
A certificate holder doesn't merely become a "Part 91 Flight Department" after a crew has exceeded it's rest limitations, with the ability to keep on assigning the crew to duty, keep it working. That's the point of Part 135. It puts the brakes on what a certificate holder can require a crew to do, puts limitations on the operating conditions at certain times, and provides requirements for rest, as well as flight time limitations. This is one such limitation.
A part 135 certificate holder is not a Part 91 flight department. When a Part 135 certificate holder undertakes to assign a crew to duty, it has 14 hours in which to do it. A tail end ferry after that time has run out is legal...but the company can't require the crew to do it...because that's duty. The company gets 14 hours of the crew's life to do that. After that, the company can't assign, and if the company tries the crew can't accept.
