Originally Posted by
notEnuf
I had no intention of starting anything and called to inform them. They removed the SC and I got a SCC out of it. I attribute it to an accounting failure and crew scheduling. I have a responsibility to make them aware and I did.
From page 185 of the SRH (bold added by me):
FAR Part 117 includes four rest requirements:
1. “30-in-168” Before beginning
any reserve availability period (RAP) or FDP, a pilot must have received at least 30 consecutive hours free of duty within the 168 consecutive hours (seven 24-hour periods) immediately preceding the start of the RAP or FDP.
2. “10 before beginning” B
efore beginning any RAP or FDP, a pilot must have received at least ten hours of rest with a minimum of eight uninterrupted hours of sleep opportunity. A sleep opportunity generally commences once the pilot is at a location where he can reasonably be expected to go to sleep and not have that sleep interrupted, such as a hotel.
Note that in the SRH and FAR 117 they both explicitly say "before beginning..." There is no carve out for "not intending" to begin. If you know you have an assignment upcoming for which you do not have legal rest then you are required to notify the company prior to the start time that you are not legal. Allowing the start time to pass means you started a SC RAP, regardless of your so-called intentions. The fact that you then received a SCC for sitting the SC (again, how can you get credit for sitting SC if you had no inention of sitting it?) means that per the FAA you sat at least a few minutes of SC without legal prospective rest.