Check out 135.265 and 135.267. This will spell out specifically what you can and cannot do. 135.265 refers to Scheduled Operations while 135.267 refers to Unscheduled Operations. I assume this operation you speak of requires two pilots or less, so 135.269 wont be in play.
Some unscheduled operators, like mine, choose to use the more stringent 135.265, however from my understanding scheduled operators are required to use this part. Unscheduled have the choice.
To answer your question about whether they can use both sets of rules, I would probably say yes. The key is to apply the standard of the regulation to what you have done in the last day, week, month, quarter, and year. If you’re legal, you’re legal. I would say in most cases going from scheduled (135.265) to unscheduled (135.267), no problems. From unscheduled to scheduled, now you’re playing with fire.
To answer your question about flight instruction, the answer is yes. The regulations say, "…no flight crewmember may accept an assignment, for ... if that crewmember's total flight time in all commercial flying will exceed..."
If I where you, I would just ask to see their operations specifications showing that they can operate under both sets of regulations. I don't see why they would not accommodate your request. But remember, the ultimate burden on whether your legal or not, rest squarely on you. The company can and will get in trouble if you fly illegal, but the buck stops at your doorstep. No amount of "the company told me this" or "they said they would fire me" will protect you from a certificate suspension.
Calling the FSDO that holds their certificate and asking the certificate's Primary Inspection Officer will be a good way for you to know for sure.
Hope this helps
johnnysnow
I don't think .265 is more stringent, in fact it allows even more duty time (with compensatory rest).
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Good example is there were flights where I'd be live-legs 6-7hrs, then fly home part 91, perfectly legal as long as I could do it within the 14hrs from start to stop. The bigger bonus is you still had to respect the previous nights return leg home towards your 8hrs in 24, so you could still get the day/night off, and the boss still has his plane there, and you sleep in your own bed. I'd only do this if I wasn't going to be a zombie, there were many trips where I got to my first destination at breakfast time, so it was definately hotel time for me.
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I am not sure what kind of operation you are a part of (single pilot or two pilot). It is actually 10 hours max flight for two crew aircraft and 8 hours for single pilot ops. Check it out under FAR 135.267. For either one or two pilot operation, It is 500 hours per calender quarter, 800 hours in two consecutive quarters or 1400 hours in a year.
Last edited by Climbto450 : 11-04-2009 at 11:04 AM.
I am not sure what kind of operation you are a part of (single pilot or two pilot). It is actually 10 hours max flight for two crew aircraft and 8 hours for single pilot ops. Check it out under FAR 135.267. For either one or two pilot operation, It is 500 hours per calender quarter, 800 hours in two consecutive quarters or 1400 hours in a year.
What if you don't operate under 135.267? Just because it's unscheduled does not necessarily mean they operate under 135.267.
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