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Old 07-29-2013 | 10:58 AM
  #6  
JohnBurke
Disinterested Third Party
 
Joined: Jun 2012
Posts: 6,758
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Going to the POI will very possibly cost you your job.

This is a conundrum faced by a lot of 135 pilots; the company views you being at home and "on call" as not being on duty, and therefore at rest.

The FAA does not view any obligation to respond to duty as being at rest.

It's not a problem, most of the time; sit home, collect pay, fly when needed. It can become a problem, however, and the FAA certainly doesn't view standby or pager time as rest.

I've flown for several different air ambulance operators. We had various ways of handling the matter. The most obvious is to use more than one pilot and a split shift. Have each of you available for a twelve hour period, or overlapping 14 hour periods, each day. This is an additional cost to the company. So be it. That's the cost of doing business.

Another way its handled is for the company to make clear that you have no obligation to respond to duty if called. You can be at rest and called for duty, so long as it hasn't compromised your 10 hours of rest since the last duty. This is no way to run an ambulance company, but it's also done. Technically, legally, you have every right to refuse to take a trip because you're not on duty and have no obligation to respond. It's at your discretion. The company can call you and you can take a trip, but have no obligation to do so, and that takes your situation out of a standby mode and puts you into a rest mode. The problem is that it's an ambulance operation with a need for dedicated crews that are ready to go. Some companies try to get around the regulation by telling the employees they don't have a duty to respond. When a critical patient needs to be moved and the crew member decides to be at sun n'splash, see how well that method works out.

Taking your problem to the FAA may create more problems for you, and not just with your current employer.

Remember who is paying your paycheck, and who isn't. Think carefully about what your current employer, and future employers will think about you turning them in to the FAA. Your company has a POI presently who is aware of the operating practice; either that, or he's very absentee. You could discuss the matter with him, but very likely he's going to discuss your concern (and the discussion) with your superiors. Are you prepared for that?
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