Fozzy
Well-known member
- Joined
- Nov 27, 2001
- Posts
- 889
Ya, please post a reference. Thanks.What did they say?
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Ya, please post a reference. Thanks.What did they say?
What did they say?
[FONT="]December 9, 1999[/FONT] [FONT="]Mr. James R. Knight II[/FONT]
[FONT="]Aviation Technical Specialist[/FONT]
[FONT="]Aviation Services Department[/FONT]
[FONT="]Aircraft Owners and Pilots Association 421 Aviation Way[/FONT]
[FONT="]Frederick, MD 21701-4798[/FONT]
[FONT="]Dear Mr. Knight:[/FONT]
[FONT="]Thank you for your letter dated September 8, 1999, to the Office of the Chief Counsel, Federal Aviation[/FONT]
[FONT="]Administration (FAA), concerning rest requirements under 14 CFR section 135.263(b). Specifically, you ask, "During the crew rest period, may the certificate holder initiate contact with the crew to assign a trip, which is scheduled to begin “after” the crews rest period?" The answer to your question is discussed below.[/FONT]
[FONT="]14 CFR section 135.263(b) states that no certificate holder may assign any flight crewmember to any duty with the certificate holder during any required rest period.[/FONT]
[FONT="]The FAA has consistently interpreted its "rest"[/FONT]
[FONT="]requirements to be satisfied only if the rest time is determined prospectively, is continuous, is free from all duty and restraint, and is free from the responsibility for work should the occasion arise. A period of time during which a pilot has a present responsibility for work should the occasion arise, does not qualify as a rest period. The question you ask, however, concerns the situation where the pilot does not have a present responsibility to do anything for the air carrier, not even to answer the telephone or a pager. This pilot, when contacted, is merely being notified of a flight assignment to take place at the conclusion of his or her rest period. The pilot, during the rest period, was not obligated to be available to answer the telephone or a pager. Accordingly, a certificate holder may attempt to initiate contact with a flight crewmember to assign a trip scheduled to begin after the required rest period without violating 14 CFR Section 135.263(b). If the air carrier successfully contacts the pilot in such a situation, that contact, which the crewmember did not have to make her or him available for, would not interrupt the continuous rest provision of 14 CFR Section 135.263(b).[/FONT]
[FONT="]We hope this satisfactorily answers your question. [/FONT]
[FONT="]Sincerely,[/FONT]
[FONT="]Donald P. Byrne[/FONT]
[FONT="]Assistant Chief Counsel[/FONT]
[FONT="]Regulations Division[/FONT]
Thanks.... Thats correct.Basically that if you're dumb enough to answer the phone during your rest period, then you deserve what you get:
Not exactly anything new...
Basically that if you're dumb enough to answer the phone during your rest period, then you deserve what you get:
Not exactly anything new...
Now that is funny. Are you kidding me, how could I not understand this???? I am contacting them to see if they have some information that will benifit me. Not to get a koolaid fix. Come on you have got to be smarter than that.
If being called in the middle of the night bothers you so bad go work in the 121 world and you then know how, what and where well in advanced.
This is my opinion only. When you call in the middle of your rest at say 10pm you are sending the message to the company that our 10 hours means nothing. In fact there are many crewmembers openly trying to convince the company that scheduling should send Blackberry messages for changes even if the crew is in rest. These crewmembers argue electronic notification is not an interuption of rest. We all need to be on the same page if this is ever going to change. Calling in the middle of rest and asking for electronic notifications during rest are not solutions, they send the wrong message to the company. We have many people trying to fight for these these important changes. One change needed is for no contact during our 10 hours. How can we convince them this is important if we have crewmembers calling in the middle of rest on there own.
okay I think we can agree that IF you answer you are screwed. but the question is, do we HAVE to answer?