16 HR Rest requirement

[avbug]

It's really not that confusing. A certificate holder cannot simply comply with the duty, flight, and rest regulations of Part 135 for 14 hours, then move to Part 91 with no restrictions. It doesn't work like that. The certificate holder doesn't simply keep on trucking under Part 91 when all the duty and flight time has been used up.

By enjoying the privileges accorded the certificate holder, once the certificate holder has made the assignments (which must comply with 135), he or she can't assign beyond those restrictions, and the crew can't accept such an assignment.

 

[100-1/2]

http://www.faa.gov/about/office_org...interpretations/data/interps/2003/johnson.rtf

30 pages of historical letters of interpretation from the Counsel's office at the FAA. you can backup off the link to the counsel's search page and enter anything in the string search like flight time, duty period, rest period, etc. leave the year blank for more results.

The letter is principally re: 121 ops scenarios. However, the body of the letter details several
reflections on 135 scenarios. Footnotes throughout also reference other letters of interpretations you can include in the year and string searched to find
specific letter references.

Print it and post it on your duty rooms' information and communication boards. May also provide a copy in your CP's inbox. Any more lately, these are green behind the ears "yes" men that will do and believe whatever the "boss" says is rule of thumb.

Good luck out there. 100-1/2

It is not defined in this letter, However, it would seem I was incorrect in stating 91 legs following 135 are not considered in the 8-hour limit for that day, but total cumulative across a 24 hour period where portions of 2 duty periods may accrue flying time. Seems this time only accounts toward the larger period limits. I believe they reference quarterly and annual limits. I do recall another letter in 2000-2002 that contradicted this, specifying a 24-hr period scenario where flight time spanning 2 duty periods separated by a 10 hour Rest period could potentially accrue flight time in excess of the 8 hours for a 24 hour period. I will look back and investigate if a policy shift occurred since then to the 2005 letter where times only account toward the larger periodical limitations.

100-1/2

 

[avbug]

Regularly scheduled crews can overfly the cumulative times so long as it occurs during a regularly scheduled duty period; the hour meter for crew flight time limitations resets based on the day, vs. the 24 hour lookback perod for unscheduled crews. You need to differentiate between which type of crew scheduling to which it is you're referring when considering cumulative flight times.

That's the principal advantage to a certificate holder in using regularly scheduled duty periods for a crew.

 

[100-1/2]

135.265(a)4 - 8 Hours during any 24 Consecutive Hours for a flight crew consisting of one Pilot





135.267(b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight when added to any other commercial flying by that flight crewmember may not exceed—
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified under this part for the operation being conducted.



Clock stops after 24 hours from first hour flown.



Plain as day in black and white.



100-1/2

 

[Viffer]

135.267(b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight when added to any other commercial flying by that flight crewmember may not exceed—
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified under this part for the operation being conducted.



Clock stops after 24 hours from first hour flown.



Plain as day in black and white.



100-1/2

Yep. Any 91 after 135 is added in, no question about it. Also for any of you guys doing 91 end legs that will knowingly exceed 10 hours, you had better be closing out the 135 trip and getting a new 91 release number from the certificate holder. And just as a note, I personally asked our POI once if the FAA/FSDO considered flight or block time for these limitations. He told me in person that they total BLOCK time in what counts towards the 10 in 24. That can be a big difference when you have a day with a lot of stops, but it's something that everyone should clarify with their POI's because you could be digging yourselves into a very deep hole with the FAA, no matter what a charter DO says.

 

[100-1/2]

That's 10 hours for 2-Pilot Crew. SIC in non type certificated aircraft has been known NOT to qualify, except for low-mins Captains on scheduled commuters (ie. PA31, Caravan, C402) even then, that is an AUTOPILOT/APPROACH requirement and in no way related to flight time limits. "Ride-Along" Commercial Pilot's not appropriately holding 135.293/297/299 AS 'SIC' do not buy you into the 10 hour limit.

Single Pilot's are limited to 8 SCHEDULED Hours. The eight hour lapse provision is for UNSCHEDULED Weather/mechanical disruptions. Scheduling a 3 hour position leg to GA to fly 4 hours to ND and then return to PTK on a 2.5 hour leg is PLAIN AND SIMPLY A BUST!!!

NO CERTIFICATE HOLDER MAY SCHEDULE/PERMIT....

NO FLIGHT CREW MAY ACCEPT....

100-1/2

 

[Bugsmasher Plus]

I would agree. It is perfectly legal to fly a 14 hour 135 duty day and 9.0 of 135 flying (2 pilot crew). Get out of the aircraft, get a cup of coffee and fly the owner of the aircraft (or other part 91) another 2 hours (11 hours total). If your company also manages the aircraft, they can assign you this part 91 duty as well.

This can be assigned by the certificate holder as part 91 flying (while not rest, it is not 135 flight duty, and therefore does not generate the need for rest). You would be required to have 10 hours of rest in 24 hours throughout and at the completion of your 135 flying. Once your last 135 leg is over, you can continue to fly assigned part 91 as long as you are not acting careless or reckless (fatigued for example), it is legal. You run into problems when it comes to your next 135 trip. Then all part 91 flying (commercial) is counted 10 in 24, and the part 91 flying assigned by the company cannot be counted as rest.

While not the popular view for crew, that is the standard that our current FSDO/POI and all other POI's I've talked to have agreed with. Some companies seem to abuse this, and come up with 16 hour duty day rules, etc or to make crews fly over 10 hours or 14 hour duty a standard practice. While potentially abusive, it's legal. As long as they don't count the assigned part 91 flying as rest.

This is 100% correct.

Rest is prospective in nature and is required to operate the 135 (or 121) flight. Once the flight or series of flights is complete, any part 91 (not 91K) flying is only subject to 91.13. (careless and reckless) and otherwise legal to operate. You would need to have the proper rest going into the next 135 (or 121) segment.

There are lots of back yard and FBO opinions on this, but legal interpretations have backed this up repeatedly.