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Part 135 Part 135 commercial operators

A duty time question

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Old 10-14-2013 | 08:38 PM
  #21  
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Originally Posted by Gjn290
How so? Do tell.
Look up the FAA definitions of flight time, duty time and rest. Duty has nothing directly to do with flight time, although because we are pilots they likely go hand and hand. If you are "on-call" that is by FAA interpretation and definition, duty. You can't drink when you're on call but you can on rest, so how is being on call, rest? Rest means you are eleviated from company responsibility during that period. Duty means you ARE bound to company responsibility, therefore being on call is duty. Perfect example, I fly the plane from OAK to VNY, then drive home. Is the drive home duty or rest? I'm not flying so I guess it's not duty by your understanding. Wrong, that is 100% duty because it is company travel. Legally, there is no such thing is 24/7 on call. How 90% of 135 charter companies get away with it is still a mystery to me. But they do, it is widely known so the FAA must turn a blind eye. But again, being tied to your phone is NOT rest.
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Old 10-14-2013 | 08:54 PM
  #22  
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Originally Posted by Jetlife
Look up the FAA definitions of flight time, duty time and rest. Duty has nothing directly to do with flight time, although because we are pilots they likely go hand and hand. If you are "on-call" that is by FAA interpretation and definition, duty. You can't drink when you're on call but you can on rest, so how is being on call, rest? Rest means you are eleviated from company responsibility during that period. Duty means you ARE bound to company responsibility, therefore being on call is duty. Perfect example, I fly the plane from OAK to VNY, then drive home. Is the drive home duty or rest? I'm not flying so I guess it's not duty by your understanding. Wrong, that is 100% duty because it is company travel. Legally, there is no such thing is 24/7 on call. How 90% of 135 charter companies get away with it is still a mystery to me. But they do, it is widely known so the FAA must turn a blind eye. But again, being tied to your phone is NOT rest.
I did look up the FAA definitions of duty period and rest, in fact, I posted them in my previous post.

Also if you read back to my previous posts I have never said being "on-call" is rest. In fact, quite the opposite. Time spent in transportation, not local in character, that the certificate holder requires, is considered duty.

I think you and I are on the same page.
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Old 10-14-2013 | 09:01 PM
  #23  
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Originally Posted by Windsor
I have allegedly heard of a fictitious company in fantasy land operating like this. They fly single pilot charters part 135.

1. Call comes in for a trip. Pilot A takes the trip @ 0900
2. Pilot A returns from the trip @ 1200
3. Pilot A remains available to the company to take any trips until 1900. For a total duty time of 10 hours.
4. Pilot A then looks back to when he arrived, 1200 and considers his rest started at 1200 and therefore will accept another flight at 2200.
5. Per regs, rest must be free from availability to the company. My humble opinion is that technically pilot A is only getting 3 hours rest.

I see this as playing games with your duty. Fantasy land airplane company sees it as legal and allegedly has approval from the local fsdo to operate like this. I have asked for this in writing, yet fantasy company says there is nothing on paper. I do not think they are lying or being malicious in any way, but something just doesnt add up.

Whats your take?
"Fantasy company" is a terrible place to work, and your DO is one of the most unethical people on earth. He and the CP/owner are both in bed with your FSDO rep, and have been manipulating the interpretation of these rules for quite some time. I advocate to you that you do not take their word for it.

I hope you find a better place to work than "Fantasy company," in the near future.
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Old 10-14-2013 | 09:06 PM
  #24  
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Originally Posted by Jetlife
Legally, there is no such thing is 24/7 on call. How 90% of 135 charter companies get away with it is still a mystery to me. But they do, it is widely known so the FAA must turn a blind eye. But again, being tied to your phone is NOT rest.
Ummm...sounds like we're all on the same page here. I'm pretty sure nobody is arguing differently.
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Old 10-15-2013 | 07:05 AM
  #25  
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Originally Posted by Gjn290
I did look up the FAA definitions of duty period and rest, in fact, I posted them in my previous post.

Also if you read back to my previous posts I have never said being "on-call" is rest. In fact, quite the opposite. Time spent in transportation, not local in character, that the certificate holder requires, is considered duty.

I think you and I are on the same page.
I am sorry, after a few glasses of wine I totally read it wrong. My bad!!
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Old 10-23-2013 | 10:22 AM
  #26  
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Originally Posted by Windsor
I have allegedly heard of a fictitious company in fantasy land operating like this. They fly single pilot charters part 135.

1. Call comes in for a trip. Pilot A takes the trip @ 0900
2. Pilot A returns from the trip @ 1200
3. Pilot A remains available to the company to take any trips until 1900. For a total duty time of 10 hours.
4. Pilot A then looks back to when he arrived, 1200 and considers his rest started at 1200 and therefore will accept another flight at 2200.
5. Per regs, rest must be free from availability to the company. My humble opinion is that technically pilot A is only getting 3 hours rest.

I see this as playing games with your duty. Fantasy land airplane company sees it as legal and allegedly has approval from the local fsdo to operate like this. I have asked for this in writing, yet fantasy company says there is nothing on paper. I do not think they are lying or being malicious in any way, but something just doesnt add up.

Whats your take?
In addition to what everyone else said, if I remember my 135 correctly I believe it is the same as in 121 where you have to be actually "released" into rest. If the pilot could take any call until 1900, he was never released into rest. Sounds like 1900 would be the official start of rest.
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Old 10-30-2013 | 06:57 AM
  #27  
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The first thing any POI will look at on a routine inspection is the duty logs and if any flights are dispatched with less than 10 rest time and it is documented in the duty logs that is a violation and I don't think any POI will look the other way and risk his or hers job. If they are falsely entering duty on and off times in the duty logs the operators certificate could be revoked along with the airmans certificate.
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