Not exactly. The FAA often doesn't know about it, as it takes that "preponderance" you mentioned. If they don't have that, they "don't" know about it. It only matters what they have relative to that, otherwise it could be harassing operators, which is not ok. If someone makes a complaint, as you say, it has to be investigated. Unfortunately, many people think the FAA sits there with other government agencies and traces phone calls to retaliate against people who file complaints (which can also be done anonymously). What they want is safe operators and safe pilots that follow the rules. They don't want someone to crash or harm anyone due to fatigue or falsifying records/rest. All to often, pilots accept risk and missions that violate the regulations (in the OP example), or they do something they aren't sure about/weren't planning on and don't declare an emergency, then go back and repeat the process until something bad happens or that one time where it doesn't quite work as it did in the past.

 

One could argue those are the exact reasons we can't get 135 accident/incident numbers down to 121 levels...one person injured or dead is one too many.

 

Where is the line between oversight and harassment drawn? I have seen the absolute lowest scum of the 135 operators skate by, one where countless pilots went to the FSDO about unsafe practices and concerns. Where did it lead to? Nowhere. On the other side of the scale I have seen the rare 135 operator, the one who abides by the rules and regulations, be, what I call, harassed -- or perhaps that is actually proper regulation of a 135 certificate. So forgive me for my lack of confidence in the FAA for wanting one level of safety.

Everyone knows who the bad 135 operators are, including the FAA, and yet they continue with unsafe and illegal operations day in and day out, with no end in sight. Perhaps it's time for the FAA to start making examples out of a few bad operators, then the others may fall in line and then the one level of safety concept could have a chance to succeed. However, until the big man puts his foot down it will never happen.

 

That's true, and I apologize - my intent wasn't to call the FAA out on this. I was just venting frustration with the operators themselves. I've long since given up on the dream 91 job and sold out to the airlines, but sometimes discussion of shady 135 practices gets my blood going...

 

Thats a life/job choice most of us knew about ahead of time when we took the job. That describes 90% of trips at fantasy company. Thats on me, my choice. What gets me going is the excuse I hear from pushy crew schedulers (121) that its legal, you must do it. Just because its legal, doesnt make it safe.

 

If I'm on call during the course of the day - I'm not in rest, even if the call to fly never comes. Like you said - we all know the deal, and sign up for the job anyway. Small time 135, this kind of thing is pretty normal.

I tell my 121 co-workers about this, and they're astonished that it's allowed to happen. It's the 135 equivalent of calling a reserve to fly 10 hours into their reserve shift, and starting their duty once they get to the plane.

 

Yeah, theres no witlow in 135. The on-call 24/7 and not calling that rest, i get that. I just take issue with the double dipping, staying on call after a flight then "looking back" to when your last flight ended to start your rest.

Most of the other guys are low timers. I understand their desire to fly as much as possible. Me......you know what they say, old pilots are kinda like geese, sometimes you gotta throw rocks at em to get them to fly.

To fantasy company's credit, there has never, ever been anything done on their part that I would call shady. They are a good company to work for and are slowly making improvements, but they are not a great company. Everything with them has been 100% above board, but there are a few changes that could be tweaked to make it a great company. Namely the duty game.

 

That's an issue, no doubt, but usually it's a lack of evidence or the ability to prove wrong-doing, not that there isn't wrong-doing. There always has to be something solid, some forged document, some incorrect record, some way to prove it. If there was still clear wrong doing and there seemed to be nothing being done, one would be justified in contacting the FAA region, which handles things like the FSDO, it's just the FSDO's "bosses". On the other hand, 135 is a risk, there is less oversight than 121, sometimes everything seems ok and then something bad happens, with no prior indicators. I can tell you that new methods of gathering data and refinements are being made constantly and being put into effect(well, not while it's shut down!). None of these guarantee anything, but the risk of 135 in general is known. 135 certificates do get suspended or revoked, it has happened before, I'm sure it will happen again. After not wanting to see anyone injured or killed, what I also don't want to see are any young pilots that ruin their careers by getting a violation working for these operators. Unfortunately, those types of operators you mention sometimes see these pilots as expendable resources that can be replaced. I doubt the pilots see it the same way, and now with PRIA and database checks, those types of actions have a huge repercussion to one's career.

 

You couldn't possibly be more WRONG.

 

How so? Do tell.

FAR 135.273

DUTY PERIOD means the period of elapsed time between reporting for an assignment involving flight time and release from that assignment by the certificate holder. The time is calculated using either coordinated universal time or local time to reflect the total elapsed time.

REST PERIOD means the period free of all responsibility for work or duty should the occasion arise.

Sure sound like I'm right.