Thread: Pro Airways
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Old 09-28-2009, 08:51 AM
  #6  
SR22
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Joined APC: Feb 2008
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Originally Posted by HungryPilot View Post
I have a hard time with the the mandatory 24/7 on call. I still view on call as on duty. Now i can be available to fly 24/7 and take a trip at my option but that's a little abusive I think. Anyone else?
I agree. It is very abusive, and illegal. Even the available/option scenario you mention is not considered "rest" by the FAA. See more on this topic at http://www.airlinepilotforums.com/pa...-not-rest.html. Here's a quote from that thread:

Originally Posted by SR22 View Post
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!...

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