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crewdawg 03-18-2022 06:18 AM


Originally Posted by CBreezy (Post 3390690)
The FAA cares about when the FDP ends. Per our working agreement, the FDP ends at brake set.


Isn't that the same as the definition below from the CFR?



14 CFR. 117.3

Flight duty period (FDP) means a period that begins when a flightcrew member is required to report for duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the aircraft is parked after the last flight and there is no intention for further aircraft movement by the same flightcrew member.

Myfingershurt 03-18-2022 06:25 AM


Originally Posted by JustNarced (Post 3390692)
We are talking past each other. You are correct, if the flying as tag-on, added if legal under the original FDP and added during the original FDP, you are good to go however, not PWA compliant.




If you set the brake and shut down with no further expectation to fly, you are done. Adding a leg at some point after the end of an FDP without 10 hours rest is illegal.

"Flight duty period (FDP) means a period that begins when a flightcrew member is required to report for duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the aircraft is parked after the last flight and there is no intention for further aircraft movement by the same flightcrew member."

I left some out because it went to go on to spell out what counts as duty prior to a fight segment.

https://www.law.cornell.edu/cfr/text/14/117.3

Couldn’t “no expectation to fly” be ambiguous? Just because there’s not currently anymore flying on your schedule doesn’t necessarily mean that. If you are actively volunteering to fly open time, then wouldn’t you have some expectation to continue flying? I believe the FAA writes rules this way so that airlines can get around them when they need to.

3 green 03-18-2022 06:26 AM


Originally Posted by CBreezy (Post 3390690)
The FAA cares about when the FDP ends. Per our working agreement, the FDP ends at brake set. The FARs ALLOW them to keep the FDP running after brake set but our PWA and with their agreement ends the FDP. Effectively, the company has chosen not to allow the clock to keep running. The PWA and FARs are tied together in this case since it defines when an FDP ends.

I really don't think it ties together like that but I could be wrong. I cannot see the FAA going after someone when they violate a PWA FDP as long as they don't violate a FAA rule. I'll see if I can call the FAA to ask them about this. I don't plan to extend past block in, but I'm curious as to what the FAA says.

CBreezy 03-18-2022 06:42 AM


Originally Posted by 3 green (Post 3390702)
I really don't think it ties together like that but I could be wrong. I cannot see the FAA going after someone when they violate a PWA FDP as long as they don't violate a FAA rule. I'll see if I can call the FAA to ask them about this. I don't plan to extend past block in, but I'm curious as to what the FAA says.

It's not a "PWA FDP." That isn't a thing. It's an agreement between the union and the company that the FDP ends at block in. They are saying that, as a standing rule, there is never further intention to fly.

The LOI says that "no further intent to fly" is defined by the certificate holder's intent. The certificate holder has said that at brake set, you are released. There is no ambiguity

Herkflyr 03-18-2022 06:42 AM


Originally Posted by Myfingershurt (Post 3390701)
Couldn’t “no expectation to fly” be ambiguous? Just because there’s not currently anymore flying on your schedule doesn’t necessarily mean that. If you are actively volunteering to fly open time, then wouldn’t you have some expectation to continue flying? I believe the FAA writes rules this way so that airlines can get around them when they need to.

No, no ambiguity like that. Merely having a WS or GS request in could not in any scenario be perceived as "having an expectation to fly." Any open time award always has to have proper rest preceding it.

You actually have to have more flying ahead, known in advance DURING your current FDP for that to be an "expectation."

CBreezy 03-18-2022 06:45 AM


Originally Posted by Myfingershurt (Post 3390701)
Couldn’t “no expectation to fly” be ambiguous? Just because there’s not currently anymore flying on your schedule doesn’t necessarily mean that. If you are actively volunteering to fly open time, then wouldn’t you have some expectation to continue flying? I believe the FAA writes rules this way so that airlines can get around them when they need to.

As I said above, the LOI about this defines the expectation to fly as the carrier's expectation. But, if the PWA and company agreement say that upon parking at the gate of your last scheduled segment of the day, the FDP automatically ends, it ends. They would have to change the FOM and agreement with the company to say that pilots are not released from their FDP until they call scheduling to get released.

flyinthrew 03-18-2022 06:53 AM

This hurts my head. Is there no Scheduling Alert on this anywhere?

CBreezy 03-18-2022 07:11 AM


Originally Posted by flyinthrew (Post 3390717)
This hurts my head. Is there no Scheduling Alert on this anywhere?

Scheduling alert 18-03 addresses it. As they said in the podcast a few weeks ago, scheduling alerts are company approved.

Iceberg 03-18-2022 10:56 AM


Originally Posted by 3 green (Post 3390702)
I really don't think it ties together like that but I could be wrong. I cannot see the FAA going after someone when they violate a PWA FDP as long as they don't violate a FAA rule. I'll see if I can call the FAA to ask them about this. I don't plan to extend past block in, but I'm curious as to what the FAA says.

If you block in with no further flying currently scheduled within your current FDP, the FDP ends. The only way it wouldn’t is if you had a short call or ready reserve (which we don’t do) period on your schedule. You cannot start a new FDP without having at least 10 hours of rest prior. It’s the reason all reserve assignments (including short call) are preceded by 10 hours of rest.

A GS or WS can only be accepted if you have 10+ hours free of duty prior to the start. Having a slip request in does not cancel your rest.

3 green 03-18-2022 11:07 AM


Originally Posted by Iceberg (Post 3390869)
If you block in with no further flying currently scheduled within your current FDP, the FDP ends. The only way it wouldn’t is if you had a short call or ready reserve (which we don’t do) period on your schedule. You cannot start a new FDP without having at least 10 hours of rest prior. It’s the reason all reserve assignments (including short call) are preceded by 10 hours of rest.

A GS or WS can only be accepted if you have 10+ hours free of duty prior to the start. Having a slip request in does not cancel your rest.

I think you misunderstand what I am saying..When we are very short staffed and Delta needs trips covered badly they have allowed pilots in the past to block in and take a turn on assignment. For example, a pilot flies one leg to BHM, spends the night, and one leg back the next morning. Upon return he blocks in and calls scheduling to tell them he will accept an assignment turn. The Company has said ok and given out an assignment. This violates the PWA but the FAA views this as legal as long as the duty day limits or other FAA rules are not violated. I know this has been done in the past by pilots at Delta. I tried to call the FAA to ask for their ruling but could not reach the correct person to ask.


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