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Old 10-22-2007, 07:39 PM
  #8  
fdx727pilot
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Joined APC: Jul 2006
Position: 767 Cap
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Originally Posted by RedeyeAV8r View Post
OK here is a likely scenario.

You flew outbound from MEM on the Afternoon sort to SLC. You incurred a 35 minute taxi delay in MEM and exceeded schedule by 35 minutes. MEM-SLC was scheduled for 3:30 but you actually blocked 4:05. You had a short 11 hours rest in the hotel and flew SLC-MEM the next morning and blocked 3:55.

You have just flown 8 in 24 but you did have an 11 hour break in between.

But now you are hubutrning and are scheduled to fly to MEM-SMF.
It is scheduled for 4:10.

Since you just blocked 3:55 coming in from SLC and are in YOUR BASE and know the scheduled flight time to SMF is 4:10, you already know before you man up that you are going to exceed 8 hours again.

In this instance are you saying it is legal to GO?
Well, you picked the worst possible case, in that your first two legs blocked exactly 8 hours. If the block time was 8:01, no you would not go. However, given your scenario, theoretically, you would be legal to go, but would need the long rest period in SMF. Also, something to consider would be your block out time the night before and your scheduled block out time for the MEM-SMF leg. If the block out for SMF is less than 24 hours from your original blockout, you have just exceeded 8 in 24. If you had to ATB or divert, you would be dead in the water on reaching MEM or your divert field, as you can't depart on another leg if you have actually exceeded 8 in 24, only if you are scheduled to. Your scenario, with the intervening 11 hr rest, is an almost textbook definition of scheduling to fly greater than 8 in 24 as defined in Section 12.C.2.b.

"A pilot may be scheduled as an operating crew member to exceed 8 block hours during any 24 consecutive hours. Prior to exceeding 8 ABH in that period, however, he shall have received an intervening legal rest period of twice the block hours flown since his last legal rest period, or 9 hours, whichever is greater,"

That being said, since the crew is probably not scheduled for a long layover in SMF. If they are not, then they would probably be pulled and put in SUB. The company hates to delay flights due to mandatory rest if they have another way out. This happened to me a lot on the DC10 when we had pure lines of SAN trips. We would have been perfectly legal to turn back to SAN, but would need a 16 hr layover. Since only 12:30 or so was scheduled, we got pulled for 8 in 24.

And for fedupbusdriver, sorry, I thought you were saying it was not legal by the CBA. Your mention of DPs and waiving 1 in 10 confused me. As far as I can tell, the crewmember is not given a choice in the matter. The company has choices if a legal intervening rest period cannot be obtained, or if the crew is scheduled to exceed 8 due to an unscheduled return to that base without an intervening stop, but as far as I can see from reading Section 12.C.2., the crewmember is not the deciding factor, short of calling in fatigued if he cannot live with the company's chosen option.

Last edited by fdx727pilot; 10-22-2007 at 08:08 PM.
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