Results of ARC rewrite for Flight and Duty (135)

[Seadogrun]

Ok, a few of you mentioned extra rest time required if the "14 hour duty day" is over-run for "unexpected" circumstances. As I read 135.267, no where is there any mention of being able to go over a 14 hour duty day. You only get extra rest if you have "exceeded the daily flight time limitations...beyond the control of the certificate holder or flight crewmember". So where is the idea coming from that you can exceed a 14 hour duty day?

As I understand, the duty day limitation is a hard time that can't be exceeded. So if the pax show up late enough that you're going to exceed your duty time, then you cannot fly the pax home. Is this a correct assesment?

That is how I understood it.

 

[hammer2]

No penalty if you go over duty time. If you go over flight time then you get extra rest.

 

[Seadogrun]

No penalty if you go over duty time. If you go over flight time then you get extra rest.

No penalty? Except for a violation of a regulation.

 

[pilotyip]

going over duty time, if it was not planned to go over is not a violation of the regs

 

[mdanno808]

So...According to the Fed's, is reserve duty, rest, neither.....? If you are on call from 12 am to 12 am, is it legal?

 

[pilotyip]

The way it is

The way the Feds look at it right now, is rest time, you can not be contacted, except once near the beginning or end of rest, and during rest the company can not assign you any duty. There is a non-duty non-rest period, this is after you have completed your required rest period, but do not have any assigned duties by the company, and the last is duty where you are doing something requested by the company, fly, travel, ground school, etc. Duty has limitations before you have to go back into rest; non-duty non-rest has no limits. You may find many that disagree with this, but this is the way the industry works right now and the Feds approve of it.

 

[Seadogrun]

going over duty time, if it was not planned to go over is not a violation of the regs

Right, as in you get put in a hold for 1/2 hr which causes you to go beyond your 14hrs, however you may not take off knowing you will not be able to complete the flight within your duty day. ie late pax or cargo.

 

[pilotyip]

Seado, Sounds like you are confusing 121 with 135. That is not the correct interpretation of the regs.

 

[Seadogrun]

Yip, I'm the first to admit that I'm not current on 135 regs so I very well may be wrong, but let me ask a logical question.

What would be the purpose of the 14 hour rule if it can't be enforced (violated)? Are we all the sudden on the honor system?

I am now forced to break into Part 135 and read it to satisfy my curiosity.

 

[Seadogrun]

§ 135.267 Flight time limitations and rest requirements: Unscheduled one- and two-pilot crews.

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(a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one- or two-pilot crew if that crewmember's total flight time in all commercial flying will exceed—
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(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.
(c) A flight crewmember's flight time may exceed the flight time limits of paragraph (b) of this section if the assigned flight time occurs during a regularly assigned duty period of no more than 14 hours and—
(1) If this duty period is immediately preceded by and followed by a required rest period of at least 10 consecutive hours of rest;
(2) If flight time is assigned during this period, that total flight time when added to any other commercial flying by the flight crewmember may not exceed—
(i) 8 hours for a flight crew consisting of one pilot; or
(ii) 10 hours for a flight crew consisting of two pilots; and
(3) If the combined duty and rest periods equal 24 hours.
(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.
(e) When a flight crewmember has exceeded the daily flight time limitations in this section, because of circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), that flight crewmember must have a rest period before being assigned or accepting an assignment for flight time of at least—
(1) 11 consecutive hours of rest if the flight time limitation is exceeded by not more than 30 minutes;
(2) 12 consecutive hours of rest if the flight time limitation is exceeded by more than 30 minutes, but not more than 60 minutes; and
(3) 16 consecutive hours of rest if the flight time limitation is exceeded by more than 60 minutes.
(f) The certificate holder must provide each flight crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter.
[Doc. No. 23634, 50 FR 29320, July 18, 1989, as amended by Amdt. 135–33, 54 FR 39294, Sept. 25, 1989; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996]

This is all(without spending hours on end) I really found concerning extention of flight time. I didn't find anything that allowed extention of the duty day. In bold type it clearly states that any extention of flight time must be done withing the 14 hour duty day.