Originally Posted by
fanaticalflyer
So I know the following: “1000 Earliest report time following days off for assignments made before1800. Could be earlier than 1000 if 2-way comm is made.“
So I’ve seen trips with report times at 9:50c 9:30, etc.
1. Is it illegal for crew skeds to even assign, let’s say a 9:50 am show? Should they be required to go to the next available, legal person?
2. I know they can “attempt” to get two way comm to see if you can take an earlier report time. If they can’t, can they still try to put that assignment on your sked to see if you’ll make contact with them. (Don’t know if skeds is pulling tactics like this)
3. I guess they can adjust the departure time back 10 mins (ie. was a 9:50 report but shifted to 10 am .... and they make departure later by 10). Again, if they have someone legally available, are they required to go to that person next on the list?
Thanks
I'm not going to go into all the what ifs here. I'll use another PDR Hotline guys discussion on the topic to hopefully clarify the legalities coming from LDO into a block of RSV days. Seriously, the hypotheticals are too varied to give you specific examples but this pretty much sums it up.
If you have any assignment legality questions, PDR the contract hotline at PDR.alpa.org for further assistance. We are here to help.
I hope the info below answers any other questions folks might have.
Lee
On your last day off assignments are governed by section 20-K-7 and FAR 117 and both play a part in when the earliest start/report time is following days off. 20-K-7 was intended to allow for departures as early as 0600 for reserves on their first day of reserve but FAR 117 conditionally altered that to the pilots' benefit. Because we are required to check our schedules on our Last Day Off (LDO) sometime from 1800-2400 that is considered duty per FAR 117. FAR 117 requires 10 hrs of prospective rest prior to starting an assignment. Thus, if you check your schedule at 2400 you would need 10 hrs of rest after performing that duty and that results in a 1000 earliest report/start time for a trip/FSB/SC. Those FAR 117 compliant assignments must also comply with the restrictions and timing in 20-K-7. 1000 earliest start/report time assumes the assignment was made prior to 1800 on your LDO. If the assignment was made after 1759 on your LDO, 20-K-7-d would apply and the earliest departure for a trip would be 1300, 1200 report for FSB and 1200 start time for a SC.
Additionally, on your LDO, CM can legally assign you a trip in accordance with 20-K-7-a that has a 0600 departure or later in hopes of making two-way comm with you, which if made more than 10 hrs prior to the start of the assignment, would be legal. If two way comm is not made and the assignment starts prior to 1000 the assignment must be removed. Never answer your phone on your day off and you will never have to report/start prior to 1000. If you have to call to confirm a SC/FSB assignment be smart about when you do it. Never do it prior to 1800 and if the assignment starts before 1000 never call with greater than 10 hrs prior to the start time. Now, there is a risk of not calling to confirm a SC/FSB prior to 1800 as CM could change the assignment between the time they assign it and the time you confirm it. If you call to confirm it prior to 1800 you could also be given a new assignment at that time that reports prior to 1000 on your LDO.
Examples (all assignments made on LDO for the following day):
1)-CM calls at 1400 and assigns you a trip with a 1000 report. Legal
2)-CM calls at 1400 and assigns you a trip with a 0600 report. Legal per UPA and Legal per 117 only if two-way comm is made prior to 2000
3)-CM calls at 1900 and assigns you a trip with a 1000 report time. Illegal per 20-K-7-d-1
4)-CM calls at 1900 and assigns you a trip with a 1500 report time. Legal, but since you already checked your schedule at 1800 and had no assignment on it CM must call you again after 2400 when you start LSR to properly assign you this trip. You are not obligated to acknowledge any assignment or return and phone calls/messages left from 1800-2400 on your LDO. You can voluntarily call them back if you wish to acknowledge to avoid a call at/after 2400 if they remember to call. If you do not acknowledge it CM could theoretically remove the trip and call you at 0001 for a 1001 SC.
5)-CM calls at 1400 and assigns you an 1800 SC. You wait until 1800 to call to confirm it, but, at 1745 CM changed the assignment to a 1000 FSB. This is legal and you are now doing a 1000 FSB.
6)-CM calls at 1400 and assigns you an 1800 SC. You call back at 1401 to confirm the assignment. There are also several trips in open time with 0700 report times. CM says they are changing your assignment from the 1800 SC to a trip with a 0700 report. Legal.
7)-CM calls at 1400 and assigns you an 1800 SC. You wait until 1800 to call to confirm it. There are several trips in open time with 0700 report times. CM can't assign you one of these trips as that would violate 20-K-7-d.
8)-CM calls at 1400 and assigns you a trip with a 0700 report time. You call CM at 1800 to tell them this assignment is illegal. You are wrong and have established two-way comm with more than 10 hrs to report time. Legal
9)-CM calls at 1400 and assigns you a trip with a 0700 report time. You call CM sometime from 2101-2400 to tell them this assignment is illegal. You are correct because there is less than 10 hrs between two-way comm and report time. The assignment is removed.
As you can see by examples 5 & 6 there are risks with waiting to confirm and risks with calling too early to confirm. If you are going to call early, check open time and be generally aware of the possibly of a change of assignment. This does not happen very often but certainly could. Arm yourself with knowledge and be strategic about when you call to confirm SC/FSB assignments. Of course, you have the option to check in for a trip on CCS without making two-way comm.
***CARDINAL RESERVE RULE*** NEVER ANSWER YOUR PHONE: EVER! Let it go to VM. Check the assignment on CCS. Consult the UPA, Reserve Gouge, Flow Charts etc....Make sure the assignment is legal per FAR 117 and the UPA and is made in FIFO order. Get all your ducks in a row and then call back to confirm the assignment/reassignment or check in on line.
MEC UPDATE DEC 29th, 2013
6) Impact on Reserve Last Day Off: Because reserves are required to check their schedule on a day off between 1800 and 2359 (20-K-7 as modified by the JIT), this must be accounted for as company-required duty. A one minute duty period will be recorded at midnight of the first day on reserve. Following this one minute of duty, a minimum of 10 hours of rest free from duty is required.
Therefore, a reserve coming off days off is not legal to report for a trip or begin a SC/FSB until 1000 on his first day of reserve unless the crew desk achieves two-way contact (see Important Note below) or the pilot aggressively picks up an assignment. For reserves that are not coming off days off, be sure to consider this limitation and realize pilots on their first day of reserve cannot cover reports prior to 1000 unless they aggressively pick it up. Use caution when evaluating the FIFO list and make sure you consider this restriction on early reports for pilots coming off days off.
IMPORTANT NOTE: If the crew desk calls you on your last day off and achieves positive contact (two-way telephone conversation) they can give you an early SC or trip that departs as early as 0600. If such positive contact is achieved, there is no requirement to enter the 1 minute of duty at midnight but contact must be made at least 10 hours prior to the report or SC/FSB start time.