You don't understand the regulation, and your statement is false.

If the operator builds rest time after notification into the callout time, then it's perfectly legal, and this is used by Part 135 and 121 operators on a regular basis today.

If a pilot will have legal rest built in after receiving the phone call, then it doens't matter if he's on call for 24 hours non-stop: the pilot is only required to show rest prior to duty, and if the callout stipulates that rest begins after the phone call, with duty to follow, it's quite legal, and is a common, FAA-approved practice.

You do not know this?

The administrative interpretation of the regulations say differently, specifically that there must be a look back period and prospective. If you look at the administrative case law on it, you'll see why he is saying this and why BA would likely be found in violation of the interpretations, if it were ever brought that far. So far no one seems to care enough to get a judgement on it.

For anyone who wants to look it up, here are the relevant documents to search for:

FAA Legal Interpretation Of 135.267

Berry - 2009
Kinger - 2012
Masterson - 2013
Mayors - 2009
Orellana - 2015

So, call me at 0000 and tell me I need to show at 0900. Perfect. But is this what Berry - and IFL &c. - are actually doing?

You are correct. That isn't want Berry does. Berry calls you at 2 am and says you have to be there in 30 minutes. It’s a 24 hour on call operation.

Bingo.

Filler.

Yes, I know.

So why put your certificate on the line for this? Only needs one POI to change their mind, and you are risking certificate action for accepting illegal duty, which this obviously is.

You can be on call 24/7 as long as the "call" you get gives you the required minimum rest before starting a duty period. "we didn't call you so you were in rest" is not rest. FAA Chief Counsel has beaten that dead horse to the ground multiple times.

My certificate is doing just fine.
So too is the Pilot who has been active with Berry since practically Day 1.

Operators will always attempt to split hairs in all kinds of ways but it's actually really simple.

You cannot legally be in rest and on short-call simultaneously. To accept a duty assignment, the pilot would need to show at least 10 hours of rest in the 24-hour period preceding the planned end of the duty assignment. 10-in-24 lookback. The FAA goes on to define what constitutes "rest" for the purposes of this lookback: Valid rest must meet all 3 of these criteria: 1) A continuous, uninterrupted period of time (4 hours here and 6 hours there is not 10 hours of rest) 2) Must be known prospectively (oh looks like you didn't get called for the last 12 hours, that was your rest! Nuh-uh...) 3) Free from all obligation to the certificate holder. Can I turn off my phone for 10 hours without without a problem? The answer should be yes. If not, then I wasn't free from obligation to the company and thus not in rest. Whether or not I answer is up to me, but if I'll get in trouble for not picking up the phone during my required rest period, guess what? That ain't rest.

If you want me on call, I need to know when that window begins and ends ahead of time, it can't be for a period exceeding 14 hours, and at the end of that 14 hours I better be able to ignore calls until my on call period begins again. Badger and threaten all you want. I can get a new job a lot easier than a new certificate, and you're just giving me a free TMAAT story for my next interview. :cool:

There are those operators, and those pilots who work for those operators, who do not require the pilot to answer the phone. The pilot has 24 hours a day of rest. If the pilot chooses to go to work that day, and if the pilot wishes to make money that day, he may choose to answer the phone; one call doesn't interrupt rest (in all cases), as established long ago. If the pilot does not answer his phone, another pilot may be called. The pilot might accept an assignment in thirty minutes, or in thirty hours, as may be; another long-used method, and for some it works. It also meets legal requirements.

It is incorrect to assume that one cannot be on call and at rest; one can, depending on how the rest and call is arranged. If one does not have a present duty to act for the company, one is not on duty, and it does not interrupt rest.

This is completely irrelevant to Berry though.

Doesn't change the fact that it is illegal, and you are risking your certificate when you operate in that manner.

That's your opinion, not the FAA's. If you don't like it, don't come to Berry.

Interview
 

I’m just curious to see if anyone has interviewed at Berry aviation lately. I have an interview coming up and I'm trying to find out what to expect.

If you don't mind me asking, how much TT and multi did you have when you applied?

I interviewed a few months ago
 

I interviewed a few months ago. Received an offer but it was not up to my expectations. Interview was basically a conversation, no HR questions or technical questions. I’m a retired govt pilot with 9,000+ hours, thought the position would be fun and probably would have been but not for the $ offered. They commented that they loved my cover letter and many people don’t take the time these days to write an engaging cover letter so, that would be my advice - spend some time and craft a great cover letter to submit with your resume.

I currently have 1513TT.

So when he quoted five FAA opinions, they weren't actually the FAA's opinions?

Don’t work for Berry, work for Jason.

It doesn't sound like you're employed at Berry, I doubt that will change.

Yes, for sure I wouldn't take 70% pay cut to take pride in being abused. Sounds like you do work for Berry, and I also doubt that will change.

Unless Berry buys the legacy airline i work for, you are wrong. The sad part is Berry paid better.

Apologies to the thread for getting so off topic

Berry pays $300/hr?

Should have applied earlier my brother

Hey all,

Been reading through all the pages and see that the schedule is not the best with being on call all week, but my question is how much does one actually fly? Are you flying all day every day or just a few times a week?

No good "clean" answer. I like to describe it as feast/famine. You could be called on a Monday, fly every day, total 30hrs, and be home Friday night. Or you could sit at home for 2 weeks straight. Or be called on a Tuesday, sit in a hotel Wednesday, fly Thursday, and get an airline ticket home Friday. Typical busy time is Fall/Winter, with the slow time Spring/Summer.
You could potentially fly 8hrs in one day within 10hrs duty or fly 4hrs within 16hrs duty. There are too many variables to list, so you have to expect both extremes. Annual flight times are probably ~600 +/- 100 with the extremes being 800+ hrs.

Okay, that seems like that could get somewhat annoying not having a true schedule over time and not ever knowing if you are going to work today.


Do you know if they consider low-time guys ~500-600TT?

They have in the past and that is the current minimum listed on the job openings.

What flight exp. and hrs are needed to get on as a 120 FO? Seems they fly a good number of hrs.

Depends on the quality of the applicant pool, and where you stand in it. But usually somewhere around 500-800hrs is what they look for. If you got some extra stuff like 100hrs multi or MEI it could help you get looked at with lower time. Also, if you already live in one of their bases, likely to help you out.

Is Berry still holding firm to the 30mins from Base rule? Do you think this will ever be relaxed?

Does berry do govt contract oconus work like 30 on/30off or 60/60 like some of the old Middle East king air contractors do?

I have 750 tt with 250 twin turbine. I recently applied but looking to see if there was someone on here who could help me get hired. looking at the Texas positions mainly. Thanks

We have a former Berry pilot who was assigned to the Marshall Islands who was on a 60/60 off schedule I believe. I think there are others but not sure.