Any 117 experts here?
#21
Gets Weekends Off
Joined APC: Jul 2013
Posts: 10,065
DALPA has told us that this scenario is a flat out violation of 117. According to them, even your jetway example isn’t legal.
The bottom line here is that notification of additional flying has to be given prior to the brakes being set. At that moment the expectation to fly is over and, therefore, another 10 hour rest period must occur before anything flying.
We have open time *****s at Delta. They will do anything to get more straight or premium pay. Don’t you think if your line of thinking was correct that they would be pushing ALPA to correct their stance?
So far, nothing in this thread has convinced me that ALPA is wrong. This doesn’t pass the sniff test to me. As always, I’ll admit when I’m wrong but I’m not there just yet.
The bottom line here is that notification of additional flying has to be given prior to the brakes being set. At that moment the expectation to fly is over and, therefore, another 10 hour rest period must occur before anything flying.
We have open time *****s at Delta. They will do anything to get more straight or premium pay. Don’t you think if your line of thinking was correct that they would be pushing ALPA to correct their stance?
So far, nothing in this thread has convinced me that ALPA is wrong. This doesn’t pass the sniff test to me. As always, I’ll admit when I’m wrong but I’m not there just yet.
From the LOI:if the certificate holder intends or may intend to use the flightcrew member for another flight or further aircraft movement, the certificate holder may do so by holding the pilot on duty with the FDP clock running, making necessary adjustments based on any assignments to ensure that the pertinent FDP limits are not violated. If he is met at the gate or told at the DH at his flight that he is now operating it, outside of any CBA restrictions, this is 100% legal. Not liking it and not being legal are different things
#22
Gets Weekends Off
Joined APC: Jun 2010
Posts: 389
Your CBA may have language addressing what they consider “affirmative intent”. It may even address it indirectly. That changes the scenario and a lot of contracts don’t fit neatly into how 117 is written.
#23
Gets Weekends Off
Joined APC: Mar 2016
Position: Here and there
Posts: 1,906
Then DALPA is wrong. The letter is a legal interpretation from the FAA. It's settled and no matter what DALPA says, the FAA LOI takes precedence.
From the LOI:if the certificate holder intends or may intend to use the flightcrew member for another flight or further aircraft movement, the certificate holder may do so by holding the pilot on duty with the FDP clock running, making necessary adjustments based on any assignments to ensure that the pertinent FDP limits are not violated. If he is met at the gate or told at the DH at his flight that he is now operating it, outside of any CBA restrictions, this is 100% legal. Not liking it and not being legal are different things
From the LOI:if the certificate holder intends or may intend to use the flightcrew member for another flight or further aircraft movement, the certificate holder may do so by holding the pilot on duty with the FDP clock running, making necessary adjustments based on any assignments to ensure that the pertinent FDP limits are not violated. If he is met at the gate or told at the DH at his flight that he is now operating it, outside of any CBA restrictions, this is 100% legal. Not liking it and not being legal are different things
Ok, let’s play this out a little more. How do I know, as a 121 pilot, when my FDP is over? 1 hour after schedule FDP ends? 2, 3, 4?
There appears to be an assumption that FDP will never end except when a pilot reaches his/her max potential FDP.
Note: read the above without regard to any labor contractual language. That’s irrelevant here.
Also, with regard to the assignment to fly a scheduled DH leg, when was the decision made by the company to assign the pilot to work it? Before the FDP originally ended or after the last working leg and just before the DH was supposed to leave? How do pilots receive affirmative intent for no further flying? Should I always be ready to fly beyond my scheduled FDP (assuming no delays and no labor protections)?
#24
Gets Weekends Off
Joined APC: Dec 2017
Posts: 218
Ok, let’s play this out a little more. How do I know, as a 121 pilot, when my FDP is over? 1 hour after schedule FDP ends? 2, 3, 4?
There appears to be an assumption that FDP will never end except when a pilot reaches his/her max potential FDP.
Note: read the above without regard to any labor contractual language. That’s irrelevant here.
Also, with regard to the assignment to fly a scheduled DH leg, when was the decision made by the company to assign the pilot to work it? Before the FDP originally ended or after the last working leg and just before the DH was supposed to leave? How do pilots receive affirmative intent for no further flying? Should I always be ready to fly beyond my scheduled FDP (assuming no delays and no labor protections)?
There appears to be an assumption that FDP will never end except when a pilot reaches his/her max potential FDP.
Note: read the above without regard to any labor contractual language. That’s irrelevant here.
Also, with regard to the assignment to fly a scheduled DH leg, when was the decision made by the company to assign the pilot to work it? Before the FDP originally ended or after the last working leg and just before the DH was supposed to leave? How do pilots receive affirmative intent for no further flying? Should I always be ready to fly beyond my scheduled FDP (assuming no delays and no labor protections)?
#25
Gets Weekends Off
Joined APC: Jul 2013
Posts: 10,065
Ok, let’s play this out a little more. How do I know, as a 121 pilot, when my FDP is over? 1 hour after schedule FDP ends? 2, 3, 4?
There appears to be an assumption that FDP will never end except when a pilot reaches his/her max potential FDP.
Note: read the above without regard to any labor contractual language. That’s irrelevant here.
Also, with regard to the assignment to fly a scheduled DH leg, when was the decision made by the company to assign the pilot to work it? Before the FDP originally ended or after the last working leg and just before the DH was supposed to leave? How do pilots receive affirmative intent for no further flying? Should I always be ready to fly beyond my scheduled FDP (assuming no delays and no labor protections)?
There appears to be an assumption that FDP will never end except when a pilot reaches his/her max potential FDP.
Note: read the above without regard to any labor contractual language. That’s irrelevant here.
Also, with regard to the assignment to fly a scheduled DH leg, when was the decision made by the company to assign the pilot to work it? Before the FDP originally ended or after the last working leg and just before the DH was supposed to leave? How do pilots receive affirmative intent for no further flying? Should I always be ready to fly beyond my scheduled FDP (assuming no delays and no labor protections)?
Regarding the DH leg, when the decision is made is irrelevant. As long as you are still on duty, and as you are not "in rest," the company can assign you to fly until your FDP clock expires. Theoretically, they could cancel your DH reservation or even your hotel room reservation and recall you to the airport to operate as many flights as fit within the FDP. Lastly, I believe the FAA expects you to show up to ever duty period fully rested to operate within your max FDP. And yes, I'm disappointed that is the interpretation that used.
#26
Gets Weekends Off
Joined APC: Jun 2010
Posts: 389
“The fligbtorew member's responsibility is to report sufficiently rested for the FDP that was known and assigned, not the entire length of the FDP that could have been assigned.”
http://www3.alpa.org/LinkClick.aspx?...%3d&tabid=9042
#27
Gets Weekends Off
Joined APC: Jul 2013
Posts: 10,065
That’s actually not true either. See below.
“The fligbtorew member's responsibility is to report sufficiently rested for the FDP that was known and assigned, not the entire length of the FDP that could have been assigned.”
http://www3.alpa.org/LinkClick.aspx?...%3d&tabid=9042
“The fligbtorew member's responsibility is to report sufficiently rested for the FDP that was known and assigned, not the entire length of the FDP that could have been assigned.”
http://www3.alpa.org/LinkClick.aspx?...%3d&tabid=9042
#28
New Hire
Joined APC: Jan 2018
Posts: 3
Rescheduled and Volunteer Flying
I believe that while the FCM is still on duty, the airline may assign more flights. Once the FCM has been released into a rest period is when they may not request the pilot to fly until the rest period has been concluded.
I believe that the airline may even request the pilot to remain at the airport to be available to receive additional flights, essentially "Airport Standby", the FDP clock will keep running until released from ASB into rest or at the end of all flights assigned to the FCM while on ASB.
Obviouslly, when any additional flights are assigned the limitations in 117.11 (Table A), 117.13 (Table B), cumulative limitations in 117.23 must still be observed, and the FCM must still afirm that he/she is fit for duty with each flight 117.5.
With Volunteer Flying a FCM may do so even if they have been released into a rest period. If the additional flight(s) will occur before 10 hours of rest have been taken by the FCM, the extra flights are just part of the previously ended FDP, where the same re-calculations for 117.11, 117.13 117.23 must still be done and 117.5 must be complied with. The difference here is that the Airline may not request the FCM to accept the addional flight(s), but the airline does not have to accept the FCM request for the extra flying.
Obviously, the OpSpecs may differ on such procedures, and any Union agreement may also additional constraints.
I have attached links for FAA LOI that may be helpful.
http://far117understanding.files.wor...rpretation.pdf
http://far117understanding.files.wor...rpretation.pdf
I believe that the airline may even request the pilot to remain at the airport to be available to receive additional flights, essentially "Airport Standby", the FDP clock will keep running until released from ASB into rest or at the end of all flights assigned to the FCM while on ASB.
Obviouslly, when any additional flights are assigned the limitations in 117.11 (Table A), 117.13 (Table B), cumulative limitations in 117.23 must still be observed, and the FCM must still afirm that he/she is fit for duty with each flight 117.5.
With Volunteer Flying a FCM may do so even if they have been released into a rest period. If the additional flight(s) will occur before 10 hours of rest have been taken by the FCM, the extra flights are just part of the previously ended FDP, where the same re-calculations for 117.11, 117.13 117.23 must still be done and 117.5 must be complied with. The difference here is that the Airline may not request the FCM to accept the addional flight(s), but the airline does not have to accept the FCM request for the extra flying.
Obviously, the OpSpecs may differ on such procedures, and any Union agreement may also additional constraints.
I have attached links for FAA LOI that may be helpful.
http://far117understanding.files.wor...rpretation.pdf
http://far117understanding.files.wor...rpretation.pdf
#29
Gets Weekends Off
Joined APC: Jun 2015
Posts: 3,117
Look at some of the letter of interpretation from the FAA.
https://www.faa.gov/about/office_org...rpretation.pdf
https://www.faa.gov/about/office_org...rpretation.pdf
https://www.faa.gov/about/office_org...rpretation.pdf
https://www.faa.gov/about/office_org...rpretation.pdf
https://www.faa.gov/about/office_org...rpretation.pdf
https://www.faa.gov/about/office_org...rpretation.pdf
#30
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