24 hour on-call legal?

[SDCFI]

I found this on fracpilot.com. It's copied from a letter to the FAA regarding 121 required rest and interruptions by air carriers.

"The FAA has consistently stated through legal interpretations that “rest” under the Federal Aviation Regulations is (1) a continuous period of time; (2) determined prospectively; and (3) during which the crewmember is free from all restraint by the certificate holder, including freedom from work or freedom from present responsibility for work should the occasion arise."

It further states: If, under your scenario, the pilot is obligated to answer the ringing telephone, then the entire period that the pilot was under such an obligation is not part of the “rest period” - even if the carrier does not call the pilot once during that period (this often is referred to as reserve or standby duty).

I am assuming this ruling is also applicable to 135, so my question is how can a 135 operator legally require pilots to be on-call for a 24 hour period? If I am obligated to answer my phone for any reason I am not on "rest". Just wondering if anyone else has experience with this subject and how it was handled. I recently talked to a 135 charter operator who has its pilots call in the morning, and if there are no trips scheduled they are on-call for the next 24 hours. They say it's legal, I'm not so sure. Also, I've heard the new 135 re-write is going to address this issue more clearly. Can anyone confirm this? And is there any timeframe for the new regs?

 

[Tommy Boy]

This is a bit old, but I BELIEVE it is from the NPR for the new 135 regs.




http://www.aams.org/flightduty.pdf

 

[NoPax]

I wouldn't assume any interpretation made in regards to a 121 operation applies to 135 - especially when 135 is On Demand - however, the "rest" terminology may be universal.

I interviewed at an air ambulence outfit in BAZ, and they schedule guys on duty for 12 hours a day, that generally allows legal rest or very rarely reduced rest between duty assignments, and if required a buffer of 4 hours after scheduled duty, where they can be flying - ie get the call to fly on the 11th hour, flight takes 4 hours - perfectly legal.

The above seems to be the way to go...I can't see the argument for 24 hour on call - seems like they need to hire another body

 

[DesertFalcon]

I used to work for an Air Ambulance Company that did the 24 hour duty thing. Basically the POI said it was ok, however, when you end up in court the FAA Washington is not going to say it's ok.

So, basically.... You're screwed. Better go with the conservative interpretation.

 

[SDCFI]

I think the mentality they use to get away with it is that if they haven't called you you're on rest. The company I spoke with said it's your call to turn a trip down if they call at o dark thirty and you're not feeling up to it, but I also had the CP tell me he's flown dead tired to get the job done because "he's used to it", and I got the impression I'd be doing a "you're not a team player" rug dance if I turned down too many trips because I was tired. Considering the role fatigue has played in some major accidents I'm not sure I'm comfortable with their "we do what's legal" attitude. Legal doesn't necessarily mean safe. That link from Tommy Boy has some good stuff in it. A lot more in depth than the current 135 rest rules. Hopefully we'll see some changes for the better soon.

 

[Draginass]

Part 121, international rules, you can be on call 24 hours a day for 6 days in a row. 24/7 still applies, however.

 

[ATRedneck]

You can have 24 hour on-call in part 121 as long as it's long call.

In other words, they call you at 0600 for a 1400 report. Your "rest" starts when they call you, so you have your legal eight hours rest immediately preceeding your report time.

 

[LXJ31]

Its my understanding that the blind-eye/open interpretation of the regs that many on-demand operators used to be available 24 hrs a day is changing in light of fatigue related accidents and incidents. Its not a huge issue for us; we very rarely get calls for late night/early AM pop-ups and turn them down anyway. I haven't seen the numbers, but I'm relatively certain that they would not justify hiring more crew to cover such trips.

Probably different for air-ambulance operators though.

 

[scubabri]

FAA Legal Interpretation:
June 24, 1991
Mr. Fredrick G. Pappas, Jr.
Director, Flight Services
Midwest Corporate Aviation
PO Box 8067
Wichita, KS 67208

Dear Mr. Pappas:
Thank you for your letter of April 12, 1989, requesting an interpretation of the appropriate crew rest requirements for your fixed wing air ambulance operations. We apologize for the lengthy delay in answering your letter and thank you for your patience.


In your letter, you give us the following background concerning your current procedure:


Fixed wing air ambulance crews are scheduled for 24 hour standby. During this period, they are required to wear a pager and must be able to respond to the airport and the aircraft within 30 minutes. However, they are not confined to any location and are free to stay at home or participate in any activity within a 30 minute radius of the airport.
Crew duty time starts when they are paged and continues for 14 hours. (Flight time is normally 2 - 5 hours.) At that time, the crew is "down" for 10 hours of crew rest. When the crew rest period is satisfied, the crew is back on 24 hour standby.


You ask three questions based on the above procedure. Each of your questions is set forth in turn below and is followed by our answer.


Question 1: Does this procedure satisfy the crew rest requirements of FAR Part 135?
As you know, section 135.267(d) requires that each assignment provide for at least 10 consecutive hours of rest during the 24 hour period that precedes the planned completion time of the assignment. We cannot tell from the information in your letter when the flight time is planned to be completed, and we are therefore unable to determine whether this procedure satisfies the rest requirements of Part 135.


In order to give you a definitive interpretation, we need the precise facts of specific situations and the meaning which you attribute to terms such as standby, "down" time, etc. These terms are not self-defining nor, as far as we are aware, do they have any commonly accepted meaning in the air transportation industry. To the contrary, it has been our experience that the meaning and consequences of these terms vary among the various air carriers.


Subject to such precise facts as we may encounter upon examination of further information from you, we have set forth below the following general principles concerning the rest requirements in an attempt to be of as much help as possible.


The rest requirements in Part 135 are triggered by duty aloft in air transportation. If one starts with the assumption that a rest period is required, then certain requirements must be met in order for the time to qualify as a rest period.


First, a rest period must be prospective in nature. Stated another way, a flight crewmember must be told in advance that he or she will be on a rest period for the duration required by the regulations. In addition, a rest period must be free of all restraint. However, the Agency's interpretations hold that receipt of one telephone call or beeper call does not constitute a violation of a rest period provision. Moreover, a flight crewmember in a rest period must be free of present responsibility for work should the occasion arise.
Question 2: Does a pager check during the 24 hour standby period interrupt crew rest? (E.g., does a pager check start the "crew-duty clock"?)
As discussed above, standby does not constitute crew rest. The pager check does not interrupt crew rest because crew rest is not taking place.
In contrast, if a flight crewmember is not on standby but is genuinely on crew rest and receives a telephone or pager call from the certificate holder, the Agency does not consider the rest period to have been interrupted.
Question 3: Is the entire 24 hour period "crew duty time" even though the crews are scheduled for no activity unless they are paged?
No, not in the sense that it produces the need for the rest periods required by the FAR. As discussed under Question 1 above, rest periods are normally triggered in the FAR only by duty aloft in air transportation. However, where a crewmember's flight time has triggered a particular rest requirement in the FAR, time spent in standby status will not satisfy such rest requirement.
Although our answers herein are general in nature, we hope we have been able to be of some assistance to you. We will be glad to consider more specific information which you may wish to submit.


Sincerely,
Donald P. Byrne
Assistant Chief Counsel
Regulations and Enforcement Division