Hello my fellow pilots I know that this topic has been discussed before being on call 24 hours, I am clear that 135.267 says you need to have 10 hours of rest before accepting a flight assignment and being on call is not rest. The company that I am working for is non schedule EMS but we are only two pilot crew for a jet, and is one of does company that they don't believe on does 10 hour rest and getting 2 hard days off is a issue because they would have to shutdown operation. My question is what are my options I know that regs are to be followed but I cant just walk out when a training contract is in place. Mind you the other pilot don't mind being on call 24/7 and not getting hard days off.

 

Anyone who can help me out?

 

Some of your post simply does not make any sense. Not trying to be critical but use spell check and re-state your question.

You referenced 14 CFR Part 135 but didn't say what FAR your OpsSpecs are issued under. Irregardless, if you are a Part 135 operation you might want to think about what you've gotten yourself into. IF you are ever involved in an incident/accident and the FAA starts checking your duty and flight time histories, not only is the company "on the hook" but you could have certificate action taken against you as well. Even an annual audit can turn up significant problems.

Is your job good enough to risk a violation on your record ? Think about it.

G'Luck Mate

 

This is kind of what the FAA is for. I suggest getting in contact with the local POI and explaining the situation. That way they won't find it during an inspection where it will look like you and the company either were ignorant of it or were hiding it.

 

By going to the POI wouldn't that get me in trouble right away with the FAA?

 

Going to the POI will very possibly cost you your job.

This is a conundrum faced by a lot of 135 pilots; the company views you being at home and "on call" as not being on duty, and therefore at rest.

The FAA does not view any obligation to respond to duty as being at rest.

It's not a problem, most of the time; sit home, collect pay, fly when needed. It can become a problem, however, and the FAA certainly doesn't view standby or pager time as rest.

I've flown for several different air ambulance operators. We had various ways of handling the matter. The most obvious is to use more than one pilot and a split shift. Have each of you available for a twelve hour period, or overlapping 14 hour periods, each day. This is an additional cost to the company. So be it. That's the cost of doing business.

Another way its handled is for the company to make clear that you have no obligation to respond to duty if called. You can be at rest and called for duty, so long as it hasn't compromised your 10 hours of rest since the last duty. This is no way to run an ambulance company, but it's also done. Technically, legally, you have every right to refuse to take a trip because you're not on duty and have no obligation to respond. It's at your discretion. The company can call you and you can take a trip, but have no obligation to do so, and that takes your situation out of a standby mode and puts you into a rest mode. The problem is that it's an ambulance operation with a need for dedicated crews that are ready to go. Some companies try to get around the regulation by telling the employees they don't have a duty to respond. When a critical patient needs to be moved and the crew member decides to be at sun n'splash, see how well that method works out.

Taking your problem to the FAA may create more problems for you, and not just with your current employer.

Remember who is paying your paycheck, and who isn't. Think carefully about what your current employer, and future employers will think about you turning them in to the FAA. Your company has a POI presently who is aware of the operating practice; either that, or he's very absentee. You could discuss the matter with him, but very likely he's going to discuss your concern (and the discussion) with your superiors. Are you prepared for that?

 

Yes, and maybe certificate action too, depending on how long you've been doing it and whether they give you a free pass as a whistleblower. Plus the other career ramifications John mentioned.

If you otherwise like the job that's what I would suggest as well...ask the company to change their written policy so that you're not hard-and-fast on-call. You can of course have a gentlemen's understanding that you'll probably answer your phone if they call you while off duty. Nothing says you can't volunteer to go fly if asked at any time day or night, as long as you have legal look-back rest.

Otherwise I'd probably get out of there asap, because that arrangement is a ticking time bomb.

 

I know the POI knows the everyday operation in this company and also I know that he is not a option since I will get in trouble. I really don't like working for this company I had other bad experiences with them. Since we are the only two pilot crew for that jet is basically or you fly or you fly so they make it seem I cant deny a flight. I really want to leave but I don't want to pay that training contract but I cant stay knowing this operation can cost me my career. I was just thinking of again talking to them and if they don't budge I would just start denying every flight since they are not giving me rest until they fire me or make a change but I am so mad because I know that they will sink me under so it will be impossible to look for another job.

 

Did you know how the operation worked before you signed the training contract?

If you did, then you are in somewhat of a quandry.

If the company didn't reveal that, you don't have much of an ethical dilemma leaving, and one would imagine that you don't have much of a legal one, either (depending on how the arrangement was set up). Often companies that have such contracts are the ones to avoid.

How much remains on the contract in time and dollars?

If you're not happy there, begin making efforts to leave now. These things usually don't happen overnight.

 

Well, if you told the POI, there's a good chance you'd either be protected as a whistleblower or you'd effectively get a slap on the wrist. What you are risking by not telling them is that if this is discovered at a later date during an inspection, they will go after the violations against the company and the pilot (you) without leniency, since you knew about it the entire time. If you make it out unscathed before that happens, then there's the next SOB that will get violated when the FAA does an inspection and figures it out. I don't like to see that happen to pilots and I like to see the chain "broken" with the least negative effect. There are also the future "why did you leave that job?" questions. Have you at the very least presented this to an aviation attorney?