Originally Posted by
Check Essential
It would seem so. If you have been receiving these calls and then ignore the 10 hour required rest you are in violation of the FARs.
and
Originally Posted by
sailingfun
Since the company has in fact made multiple calls you are in fact illegal until you get 10 hours rest.
That might be overstating it a bit. FAR 117.25 (e) and (f) say you must be given 10 hours rest and 8-hours uninterrupted sleep opportunity, and
the pilot must determine if the 8-hours have not been provided.
There is additional guidance about the one-call "rule" in deltanet, and it does say the company is allowed ONE call. Not sure what the basis is for this, but it's not in the FAR text from the ALPA website.
I think we each determine must whether we ""got interrupted or not. The fact the calls went out doesn't mean they interrupted your rest. Your phone might have been off, silent, whatever.
I'm not trying to encourage anyone to play this one way or another, but I don't think Check and sailing are correct when they say we are violating FAR's for "receiving" multiple calls if they didn't interrupt your sleep. And certainly, the fact the company
made the calls doesn't mean showing up is a violation.
Not everyone going out, some are coming home. If they didn't get interrupted, something which only they can determine, they're not automatically illegal, IMO.
Still, I agree that IT has just taken a pretty hard shot at tomorrow's schedule.
The reason I point this out is that it is important to note that
the pilot determines whether the sleep opportunity has been interrupted or not. Getting just one phone call
doesn't mean you haven't lost your uninterrupted sleep opportunity.
The company doesn't get to determine that you slept like a baby, just because they only called once. Conversely, for the company making several doesn't seem to imply (in the FAR's) that you have for certain lost your sleep opportunity. It may violate some sort of memorandum between the company and the FAA, but you're not violating the FAR's if you didn't determine that your sleep opportunity was interrupted.
For a ruling, let's go to Alan Shore. Alan?