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Abuse of duty rules in On-Demand Part 135

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Old 02-28-2015, 06:42 PM
  #21  
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I was misguided. I knew the regs. Had them memorized all that good stuff. Just as I said misguided and thought that's just the way it was. I always knew it should be illegal and couldn't figure out why it wasn't.

Now I understand.

And no I wasn't "trolling"
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Old 02-28-2015, 06:50 PM
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Originally Posted by av8n View Post
I was misguided. I knew the regs. Had them memorized all that good stuff. Just as I said misguided and thought that's just the way it was. I always knew it should be illegal and couldn't figure out why it wasn't.

Now I understand.

And no I wasn't "trolling"
Find out who your Certificate Management Office is (FAA) and tell them about it. They will be looking to put a stop to it, you can even remain anonymous if you wish.
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Old 03-01-2015, 03:23 AM
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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.
http://www.faa.gov/about/office_org/...rpretation.pdf

See 1B
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Old 03-01-2015, 07:21 AM
  #24  
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The beer test works in this situation. When can you have a beer?
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Old 03-01-2015, 12:52 PM
  #25  
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Originally Posted by av8n View Post
I see......
Do you? Because you seem to be defending the very thing that you are accusing the FAA of "imposing" on you when in fact they are not.

Companies can roll your rest and duty meaning you can go on 10 hours of rest, immediately start duty, then in 14 hours go back on rest. Nothing illegal on that as long as the company complies with the 13 days every calendar quarter off. What is not legal, is keeping you "on call" for days at a time with no time off. As previously said, the FAA is very black and white on this issue, there is no grey area!!! It makes my skin crawl every time I hear the term grey area with regard to duty and rest. You don't even need to look back, that's how simple it is. If you are coming off of rest, you have 14 hours of duty, then you are off for 10 hours, it doesn't get more simple than that.
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Old 03-01-2015, 01:46 PM
  #26  
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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.
Sure. As long as the "on call" period does not exceed 14 hours, and then another 10 hour rest period starts. As others have said, if you have to answer the phone, you are not resting. And if they call you 12 hours into that on-call period, then only have 2 hours before you have to be back in rest.
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Old 03-01-2015, 07:12 PM
  #27  
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At least up until 2006 the San Antonio and San Diego FSDOs permitted us to operate 24/7 with three stipulations:

- the company was prohibited from providing or requiring the pilots have a pager etc.
- the pilots were never REQUIRED to answer ANY page or call
- a pilot could decline any flight if in his/her own mind felt he/she had not gotten a 10 hour rest period suitable for the expected duty period

I was on the conference call with our POI (SAT FSDO) and chief pilot when this ruling/opinion/blessing was given.

What has happened since then, I have no idea.
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Old 03-02-2015, 04:08 AM
  #28  
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Originally Posted by FlyJSH View Post
At least up until 2006 the San Antonio and San Diego FSDOs permitted us to operate 24/7 with three stipulations:

- the company was prohibited from providing or requiring the pilots have a pager etc.
- the pilots were never REQUIRED to answer ANY page or call
- a pilot could decline any flight if in his/her own mind felt he/she had not gotten a 10 hour rest period suitable for the expected duty period

I was on the conference call with our POI (SAT FSDO) and chief pilot when this ruling/opinion/blessing was given.

What has happened since then, I have no idea.
FSDO's and POI's have no authority to set policy. They are supposed to enforce it. They don't make rulings. Their "blessing" or "opinion" means squat. The scenario you describe is blatantly illegal. "Not required to answer the phone"... yeah right. Simple experiment, don't answer the phone for a week and then call and see if you still have a job. And whether you "feel" rested is irrelevant unless you intend to report fatigued. Rest has a legal definition and a legal recordkeeping requirement. At any one moment an FAA inspector should be able to ask the company whether any particular pilot is resting or not, and when they went on rest, and when they where notified that they where on rest.

The only reason this kind of abuse continues is because the pilot groups allow it to happen. If the POI is in collusion with the company or ignorant of the rules then you go over their heads. REPORT IT. Send copies of the FAA legal interpretations to the FSDO. Those are binding, they have zero authority to ignore them. Call the 866-TELL-FAA number. Call the certificate management office. Cannot be emphasized enough. If people make a stink this abuse will go away.
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Old 03-02-2015, 09:55 AM
  #29  
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Originally Posted by ackattacker View Post
FSDO's and POI's have no authority to set policy. They are supposed to enforce it. They don't make rulings. Their "blessing" or "opinion" means squat. The scenario you describe is blatantly illegal. "Not required to answer the phone"... yeah right. Simple experiment, don't answer the phone for a week and then call and see if you still have a job. And whether you "feel" rested is irrelevant unless you intend to report fatigued. Rest has a legal definition and a legal recordkeeping requirement. At any one moment an FAA inspector should be able to ask the company whether any particular pilot is resting or not, and when they went on rest, and when they where notified that they where on rest.

The only reason this kind of abuse continues is because the pilot groups allow it to happen. If the POI is in collusion with the company or ignorant of the rules then you go over their heads. REPORT IT. Send copies of the FAA legal interpretations to the FSDO. Those are binding, they have zero authority to ignore them. Call the 866-TELL-FAA number. Call the certificate management office. Cannot be emphasized enough. If people make a stink this abuse will go away.
THIS times 1,000!
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Old 03-02-2015, 02:09 PM
  #30  
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Any good examples how to comply with these rules in a small outfit? Say 6 pilots and 2-3 airplanes. Just wondering how people have done this legally.
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