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Old 06-18-2008, 10:35 AM
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SR22
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Joined APC: Feb 2008
Posts: 81
Default On-Call Is Not Rest

For those who do not know, there are several interpretive letters issued by the FAA regarding the definition of rest. Here is a quote from one of them, a letter from Donald P. Byrne, Assistant Chief Counsel, FAA, to Frederick G. Pappas, Jr., Director, Flight Services, Midwest Corporate Aviation, Inc. (June 24, 1991):

"[A] rest period must be prospective in nature. Stated another way, a flight crewmember must be told in advance that he or she will be on a rest period for the duration required by the regulations. In addition, a rest period must be free of all restraint....Moreover, a flight crewmember in a rest period must be free of present responsibility for work should the occasion arise." (see link below)

The US Court of Appeals, First Circuit found that interpretation of rest to be reasonable. They also found that the FAA could take enforcement action against pilots and 135 certificate holders for violating that interpretation (again see link below).

So, at the end of every 14 hours on call a 135 operator must release a pilot for 10 hours of rest if they expect him/her to be legal for another 14 hours at the beginning of the next 24. On-call is not rest time! If the company assigns and the pilot accepts a flight without 10 hours of rest (that were determined in advance, were continuous, and were free from any responsibility to the company) in the 24 preceding the end of duty, then the pilot and company can (and will according to FAA Notice (again see below link)) be violated!

To give an example, if you (pilot) have been on call for 12 hours (say it's 2100) and company calls and assigns you duty from 2200 to 0200 it is a violation to assign/accept that flight. Realistically speaking (1 hour to report + 1 hour preflight + 12 = 14) at 12 hours on call, the company must give you 10 hours of rest before requiring you to report for duty.

Come on guys, stop doing this stuff for these guys. Stop risking your certificate, future, and life (fatigue)! If the boss wants to have a jet available to him on a moments notice, then he should hire adequate crews to handle a situation like that.


http://www.ca1.uscourts.gov/pdf.opin...9-1888-01A.pdf
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