Originally Posted by
Iflywinnebagos
Let's say you are flying for a 135 unscheduled on-demand carrier, in a two-man crew plane, and you're reaching the expiration of your max 14 hour duty period...When you arrive at the last stop prior to the flight home your duty period expires....you find out there's no pax/cargo on your last leg home...Can you legally fly the last leg home by operating under part 91 even though you're well beyond your 14 hour duty period?...
This is a question that is often debated. I haven't had a chance to thoroughly research it, but here is a way around the issue. If you're tired, then just say so. If you are
fatigued then you and the company are in violation of § 91.13, if you are assigned and accept the flight.
Quoting Donald Byrne, FAA Assistant Chief Counsel:
"...it is a violation of FAR 91.13 for a certificate holder or a flight crewmember to operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. Lack of rest of the pilot is certainly a circumstance which could endanger others, and it is not necessary that the situation devolve into actual endangerment for there to be a violation of FAR 91.13. A certificate holder who uses a crewmember with knowledge of his or her lack of rest may be equally culpable along with the flight crewmember...."
http://www.faa.gov/about/office_org/...991/Bodlak.rtf
Also:
§ 135.263 Flight time limitations and rest requirements: All certificate holders.
(b) No certificate holder may assign any flight crewmember to ANY duty with the certificate holder during any required rest period.
If you are interested in searching for a FAA Chief Counsel's (responsible for interpreting the regs) opinion directly on point, try this link.
Regulations