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Abuse of duty rules in On-Demand Part 135

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Part 135 Part 135 commercial operators

Abuse of duty rules in On-Demand Part 135

Old 02-28-2015, 03:38 PM
  #11  
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Originally Posted by av8n View Post
135.267 section d
After a flight you get 10 hours of rest then your back on call.
Mostly on demand cargo companies do this but some med evac companies do too.
I can list a few. Alliance out Denten,TX. Berry Aviation. IFL, Lynden Air Cargo, etc.
Some of the fractionals do this too.
(d) Each assignment under paragraph (b) of this section must provide for at least 10 consecutive hours of rest during the 24-hour period that precedes the planned completion time of the assignment.

"Precedes" means before. You must have 10 hours of rest BEFORE you begin your shift.

Rest means that you are free from all duty. This includes answering your phone. If you are required to answer your phone, you are not on rest.
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Old 02-28-2015, 03:53 PM
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[QUOTE=av8n;1834268]135.267 section d
After a flight you get 10 hours of rest then your back on call.
Mostly on demand cargo companies do this but some med evac and fractionals do too.
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Old 02-28-2015, 03:54 PM
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Originally Posted by CLT Guy View Post
(d) Each assignment under paragraph (b) of this section must provide for at least 10 consecutive hours of rest during the 24-hour period that precedes the planned completion time of the assignment.

"Precedes" means before. You must have 10 hours of rest BEFORE you begin your shift.

Rest means that you are free from all duty. This includes answering your phone. If you are required to answer your phone, you are not on rest.
I agree and hence the term look back.
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Old 02-28-2015, 04:01 PM
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Originally Posted by av8n View Post
I agree and hence the term look back.
So, if you are on call and must answer your phone, you would not get your rest, so it is not legal. Period.

You MUST know that you are on rest. You can not be told that something was rest after the fact. You must be relieved of all duties and told that you are on rest BEFORE the rest begins, not after it has happened.
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Old 02-28-2015, 04:11 PM
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It's a gray area and many operators do this. I was just trying to find out if it would be phased out in 135 anytime soon. I guess no one knows and that's fine.
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Old 02-28-2015, 04:14 PM
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Originally Posted by av8n View Post
It's a gray area and many operators do this. I was just trying to find out if it would be phased out in 135 anytime soon. I guess no one knows and that's fine.
It is absolutely NOT a gray area. The FAA is very clear about this. It is 100% illegal. There have been many interpretations about this.

It is pretty obvious that you are trolling. If not, please consider that besides the fact that you are possibly endangering peoples lives, you are breaking a FAR every time that you accept a shift without properly documented rest. They may not assign, and you may not accept. You are both responsible.
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Old 02-28-2015, 04:25 PM
  #17  
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You seem to be under the impression that we are not understanding the situation you are describing. We understand it perfectly well. There's a lot of experience on this board and we are telling you flat out that it's illegal. It's not a gray area. It's not a matter of interpretation. It's illegal. Just because some dirtbag operations do it doesn't make it legal. I've worked for some of those dirtbags, they like to read creative interpretations into the regs. But from the FAA's perspective this is established and has been for decades. Did you read the article I posted? Operators *and* pilots have been violated for doing *exactly* as you describe. Every time you accept an assignment under such a system you are putting your certificate and very future at risk. Believe that.

Here is a link to just one such legal interpretation from the FAA. There are many. It couldn't be any clearer.

http://www.faa.gov/about/office_org/...rpretation.pdf
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Old 02-28-2015, 04:40 PM
  #18  
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Here's another good one. They specifically mention how you, the crewmember, are in violation:

http://www.faa.gov/about/office_org/...rpretation.pdf
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Old 02-28-2015, 05:10 PM
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I see......
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Old 02-28-2015, 06:16 PM
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Everyone has heard of it. It's illegal. It's done all the time throughout the 135 and 121 supplemental world. Companies argue that it's not illegal because they don't get violated. Lack of enforcement doesn't mean its not illegal.
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