Originally Posted by
2muchfr8time
That is as gray as it comes ,
There's no gray areas in the rules. You're either in compliance or you aren't.
how is it possible to be neither on duty nor at rest ? is it pilot purgatory ?
Easy. Rest has to be known in advance. You have to know you're at rest. If you have a responsibility for duty should duty arise, you are not at rest. You may not be on duty, but you are also not at rest. You aren't on duty until you've been assigned to duty by the certificate holder. When you're sitting at home, on call, you have yet to be assigned to duty (not on duty) but you are responsible for duty should duty arise (so not at rest). It's very clear.
I'm not saying I agree with it, but it is an accepted practice and has been for a long time and until the FAA comes strait out and says " On call is on duty " it will continue to be that way.
They won't because it isn't duty. The important point (that you seem to be missing) is that on call is not
rest. Rest is the important factor. You have to be able to look back 24 hours and see 10 consecutive hours of rest in order to be legal to start a duty period. If you can't do that, then you need more
rest.
what other rule has so much confusion and ambiguity, they say you must have a clean wing PERIOD, you must have the Vis, there are no questions and people can't get around it
This isn't confusing or ambiguous unless you're
trying to get around the legal interpretations that the FAA has come out with. The fact that a company isn't following them doesn't make it legal. You either comply or you don't.
You don't have to believe me. The FAA has done the work for us.
Start here:
http://www.faa.gov/about/office_org/...2009/Berry.pdf
Originally Posted by That interpretation
You question whether the certificate holder may use an on-call schedule that requires pilots to respond to the certificate holder's phone calls and report for immediate flight duty 24-hours a day, as set forth in your example. Although § 135.267(b) does not contain an explicit duty time limitation, it appears the 24-hour on-call situation you present would not meet the rest requirements of § 135.267(d). Section 135.267(d) requires that flight crewmembers must have at least 10 consecutive hours of rest during the 24-hour period preceding the planned completion time ofan assignment made under § 135.267(b). A rest period must be (1) continuous, (2) determined prospectively (i.e., known in advance), and (3) free from all restraint by the certificate holder, including freedom from work or freedom from present responsibility for work should the occasion arise. See Legal Interpretation to Frederick W. Schwarz, from Rebecca MacPherson, Assistant Chief Counsel, Regulations Division (Nov. 16,2007); Legal Interpretation to James R. Knight, from Donald Byrne, Assistant Chief Counsel (Dec. 9, 1999).
Under the facts you present, the pilot has an obligation to respond to the certificate holder if he is contacted. Furthermore, the pilot is not informed in advance of when his 10-hour rest period will begin. In order to meet the rest requirement in the situation you present, if the certificate holder assigned a pilot to a flight with a report time of 2300, the pilot must be informed that he will be on rest from 1300-2300 no later than 1300 that same day. Additionally, if the certificate holder contacts the pilot during that rest period to notify him to report for his flight assignment at 2300, it cannot require the pilot to answer or respond to its call because the rest period would not be free from restraint. See Legal Interpretation to Michael T. Brazill, from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Dec. 19, 2005) (stating that if a pilot is obligated to respond to contact from the certificate holder he is not at rest); Legal Interpretation to Candace K. Kolander from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (Apr. 29, 2005) (discussing flight crewmember contact during rest periods); Legal Interpretation to James R. Knight, fromDonald Byrne, Assistant Chief Counsel (Dec. 9, 1999); Legal Interpretation to Frederick G. Pappas, Jr., from Donald P. Byrne, Assistant Chief Counsel Regulations and Enforcement Division (June 24, 1991). In this instance, because the rest period is not known in advance, nor free from all restraint by the certificate holder, the 24-hour on-call schedule does not meet the rest requirements of § 135.267(d).
Emphasis mine. You can read the entire interpretation for yourself. That's the legal interpretation the FAA will be using to violate you, not your FSDO or POI's interpretation.
It is
very clear. No gray. No ambiguity. On-call is not rest.
-mini