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b350capt said:
as long as the flight was SCHEDULED to leave inside of 14 hours and the planning was realistic, you are legal to depart. even if you take-off after 14 hours due to taxi delays or flow restrictions, passengers, or cargo. of course you've got to consider careless and reckless. (FAA Interpretation 1990-40 & 1991-16 & 1992-19)
Read these, and have had them read to me. Although I don't agree with it, it is how Flex and about 99% of other operators interperate this reg. Until the Satan changes his rules, we will tip over 14 hrs every once in a while. Its the 10 hrs in the last 24 everybody is worried about.
 
thats right, its unfortunate. Im hoping that the new proposed changes, which spell out that late passengers are NOT outside of the control of the certificate holder come out in the next decade. But i'm not holding my breath. And the 10 hours is dependant on the definition of accepting a trip......is a trip the inital assignment (since the 10 in 24 is based on the projected completion point).....or is it the actual choice to move the aircraft? Of course I prefer to think its based on moving the aircraft, ha ha. And theres always the careless and reckless / fatigue call. The endless debate/struggle continues.....good versus evil......light versus dark.....pilots versus duty time
 
You obviously did not read the court cases I posted. And you did not read the Whitlow letter.

The reason those cases were filed is the operators were crying the FAA had substantially changed its Interpretation. But the Court disagreed.

Air Transport
Association of America, Inc. (ATA) and Regional Airline
Association (RAA) seek review of the Federal Aviation Ad-
ministration's November 20, 2000 interpretation (issued by

letter) of Federal Aviation Regulation 121.471, 14 C.F.R.
s 121.471 (FAR 121.471), and attendant Notice of Enforce-
ment Policy (Notice) entitled "Flight Crewmember Flight
Time Limitations and Rest Requirements," published in the
Federal Register, 66 Fed. Reg. 27,548 (May 17, 2001). ATA
contends the letter interpretation and Notice are inconsistent
with the plain language of FAR 121.471. In addition, ATA
maintains that the letter interpretation constitutes a substan-
tive change to FAR 121.471 and, accordingly, requires notice-
and-comment rulemaking under the Administrative Proce-
dure Act (APA), 5 U.S.C. ss 551 et seq. We disagree.


zip....
The substance of the rules in Parts 121 and
135 is essentially the same and the rules are likewise interpreted


Notice that 2001 is more current than the interpretations you cited.

I would not want to be the operator or the flight crew involvd in a lawsuit brought against me because of an accident that occurred after I operated the airplane beyond 14 hts duty because of late pax!
 
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gunfyter said:
I would not want to be the operator or the flight crew involvd in a lawsuit brought against me because of an accident that occurred after I operated the airplane beyond 14 hts duty because of late pax!

bingo...and i dont know how these guys are defending late pax as "beyond their control".

if the pax show up late, the plane doesnt move...that is not beyond any pilots control.
 
We are talking apples and oranges here. I should have stated that you're legal DUTY wise, not completely legal. Duty time is seperate from required rest. I agree with you that you are in blatant violation of the rest requirement. The fact i was stating is that you are not in violation of DUTY time restrictions at flex if you roll the aircraft after 14.1 hours if it was scheduled to arrive within the duty period limitation. The problem is certificate holders will adjust the duty on time to fit the rest requirements. The problem with the case that you cited is that the 135 regulations which are of like type to 121 will be considered and enforced the same. That means SCHEDULED 135. This case does not refer to unscheduled 135 operators, nor will it be enforced the same. That and deadhead transportation is not always considered duty time, even though its not local in nature. This is due to the fact that if you want the company to leave you somewhere, they will. Therefore, its not required travel. We see things the same way, I never move the aircraft if I will not duty off within 14 hours. But I'm just saying that the Flex they can run you over duty wise.....but i agree not rest wise.
 
and the whitlow letter confirms late passengers as being a situation outside the control of the certificate holder.
 
mamba20 said:
How do you apply? I went on the website and filled out an exhausting application but I never heard anything back. Anyone know the way to do it?

Getting back on topic. This is where you should send a resume.

Bombardier Flexjet
ATTN: Karen Parr
3400 Waterview Parkway #400
Richardson, Tx 75080
 

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