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Originally Posted by Jetcap37
(Post 524092)
...But yes, you are probably right....
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This is the first time i have ever heard the FARs accused of being vague. I have heard them called "uninteligible lawyer speak, overly complicated, too restrictive, and etc.... but I never heard them called vague. The FARs are only vague to people who dont wish to apply them and maybe I hit a little close to home for you. Sorry. I would hope your yardstick of safety was higher than "I have never had an accident". Remember what happened with Southwest and their POI.
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Originally Posted by skybob
(Post 526060)
This is the first time i have ever heard the FARs accused of being vague.
Originally Posted by skybob
(Post 526060)
maybe I hit a little close to home for you.
Originally Posted by skybob
(Post 526060)
I would hope your yardstick of safety was higher than "I have never had an accident".
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For those who missed it the first time around...
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Personally I hope the FAA makes a change to this reg,
and make it as clear as the new clean wing thing, where even polished frost is considered a contaminated wing and subjects you to a violation. I know of a company who draws the line, according to their POI " on call is on duty" and if they can't complete the flight in 14 hours from the time they start " on call " another pilot flies the trip. My employer is very safety conscious and if someone were to refuse a trip due to fatigue, I doubt they would even think twice about it ...but doing it too much and you mind find yourself looking for another job. unfortunately in my experience this is either a gray area or an ignored and exploited area, then again I have refused to fly airplanes on more than one occasion, and for more than one employer and have never been fired for that yet. |
"Come on guys, stop doing this stuff for these guys. Stop risking your certificate, future, and life (fatigue)! If the boss wants to have a jet available to him on a moments notice, then he should hire adequate crews to handle a situation like that."
LOL! HAHAHAHAHAHHAHA!!!! LOL! Thats right.. you stop doing this for your boss and your boss will find one or more of the 5000+ furloughed guys that will (and probably for less money)!!! On-Call is at rest PERIOD! We might not like it, but that's how it is. |
Originally Posted by WMUPilot
(Post 740900)
"Come on guys, stop doing this stuff for these guys. Stop risking your certificate, future, and life (fatigue)! If the boss wants to have a jet available to him on a moments notice, then he should hire adequate crews to handle a situation like that."
LOL! HAHAHAHAHAHHAHA!!!! LOL! Thats right.. you stop doing this for your boss and your boss will find one or more of the 5000+ furloughed guys that will (and probably for less money)!!! On-Call is at rest PERIOD! We might not like it, but that's how it is. |
If your boss only hires pilots who violate the FARs, are you sure that is where you want to be working to begin with? The FAR is very clear; if you have an obligation to be contactable and accept assignment, then you are not at rest. It is true there are many ways to talk your way around a violation in this scheme, but that comes down to one's own integrity.
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The definition of rest period in §§121.467(a) and 135.273(a) of the final rule states that ‘Rest period means the time period free of all restraint or duty for a domestic, flag, or supplemental air carrier or commercial operator and free of all responsibility for work or duty should the occasion arise.’
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Since this topic keeps coming up, can someone provide a reference for an FAA Document that states that being on call for a 135 is considered rest. The subject keeps coming up. Every reference I find says it is against the rules. It seems to be a popular opinion that it is okay. A wise instructor of mine once told me that unless I could prove and document something that it was just an opinion. And you know what they say about opinions. The FAA has plenty of reference for rest requirements, definitions, examples. I have yet to see one that says on call is rest. I would like for someone who feels that it is rest to provide documentation beyond "my POI says its ok". If I am incorrect about this I would sincerely like to learn the correct interpretation but have been unable to find any reference for this interpretation. Thank you in advance. Everything I find says that if you are available for work/duty "should the need arise" then you are not at rest. Available for duty should the need arise sounds like "on call".
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