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-   -   Rest Requirement (https://www.airlinepilotforums.com/part-135/59400-rest-requirement.html)

Walkeraviator 05-16-2011 08:57 AM

Rest Requirement
 
I know that when it comes to maximum flight times, it is referring to ALL commercial flight, no matter who you are flying for. However, it appears to me that the only requirement for rest is that your operator has to give you time free from the responsibility to do work. Does this mean that you could in theory then go on duty at a seperate operator during yoru rest time? There appears to be no regulation that adresses the PILOT in the rest requirements, only the operator. What say you?

SR22 05-16-2011 01:33 PM

Bad Idea
 

...An additional caution is that it is a violation of FAR 91.13 for a certificate holder or a flight crewmember to operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. Lack of rest of the pilot is certainly a circumstance which could endanger others, and it is not necessary that the situation devolve into actual endangerment for there to be a violation of FAR 91.13. A certificate holder who uses a crewmember with knowledge of his or her lack of rest may be equally culpable along with the flight crewmember...
Bodlak Interpretation

Walkeraviator 05-16-2011 06:06 PM

Thanks for that post. It definitely answers my question and clears up what I wanted to know. I want to clarify that I would do nothing that would be considered reckless or careless. I know not to fly without rest, I was just wanting some clarification. Thanks again.

SR22 05-16-2011 08:14 PM

Glad I could help. Reading your last post, specifically the sentence regarding not doing anything reckless or careless, I can't be certain if you are being sincere or making a legal argument.

If it's the latter, just keep in mind that violations (and any subsequent hearing) are governed by administrative procedures, not criminal. It's similar to a civil trial in that the plaintiff gets the benefit of the doubt. The FAA's burden of proof is pretty low in such proceedings. There is no jury, and the administrative law judge hearing the case works for the FAA too. If the FAA's inspector, regional counsel, and law judge decide it's careless and reckless, then it's careless and reckless, your argument notwithstanding. Any attempt to overturn the decision would be a difficult, lengthy, and expensive process.

Whichever way you meant it, best of luck to you.


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