Abuse of duty rules in On-Demand Part 135
04-05-2016, 09:21 AM
#71
Gets Weekends Off
Joined APC: Dec 2007
Posts: 453
Originally Posted by PilotBishop
Anyone to respond...
So I'm hearing it all like this:
After a flight, you get 10 hours to do whatever you want...rest, have sex, eat, party, run errands, whatever. And then you get back on-call!!! If after your 10 hours of POST-REST, your boss calls and says "hey pilot, we have an ASAP MEDEVAC departure in 2 hours,...THIS IS A VOILATION because you did not know 8 hours in advance of the MEDEVAC that you would be flying!
Remedy: You finish the first flight, get 10 hours of POST-REST, you boss calls you after that and says "hey pilot, the doctors called for an ASAP MEDEVAC flight but we told them that we would not be in compliance to accept that flight and that it must be postponed until 8 hours from now!!! So, get some rest you handsome devil, MEDEVAC in 8 hours". You rejoice because you will have accrued 18 total hours since your last flight!!! 10 to screw around and 8 as assigned rest IN ADVANCE OF YOUR ASSIGNED NEW MEDEVAC FLIGHT!!! THANKS FAA!!!
ANYBODY, is the above scenario accurate?
So I'm hearing it all like this:
After a flight, you get 10 hours to do whatever you want...rest, have sex, eat, party, run errands, whatever. And then you get back on-call!!! If after your 10 hours of POST-REST, your boss calls and says "hey pilot, we have an ASAP MEDEVAC departure in 2 hours,...THIS IS A VOILATION because you did not know 8 hours in advance of the MEDEVAC that you would be flying!
Remedy: You finish the first flight, get 10 hours of POST-REST, you boss calls you after that and says "hey pilot, the doctors called for an ASAP MEDEVAC flight but we told them that we would not be in compliance to accept that flight and that it must be postponed until 8 hours from now!!! So, get some rest you handsome devil, MEDEVAC in 8 hours". You rejoice because you will have accrued 18 total hours since your last flight!!! 10 to screw around and 8 as assigned rest IN ADVANCE OF YOUR ASSIGNED NEW MEDEVAC FLIGHT!!! THANKS FAA!!!
ANYBODY, is the above scenario accurate?
You cannot be on call indefinitely, however. So if you do your flight, go on 10 hours rest, then you can't just be in limbo until your next call. If you have an obligation to answer your phone, you are not on rest, you are on duty. If you haven't had 10 hours of rest, you cannot accept a flight assignment.
Rest should be known in advance, not necessarily duty time. "Advance" could be as simple as a text saying "you are on rest now for 10 hours". The opposite would be prospectively, where you haven't gotten a call for 2 days and they say hey, we have a flight, let's go. That wouldn't be legal if they didn't give you a specific 10+ rest period before the flight.
04-05-2016, 11:40 AM
#72
Gets Weekends Off
Joined APC: Mar 2011
Position: Left seat on a kite
Posts: 1,884
Not sure why it takes 8+ pages to explain such a simple reg.
It is quite sad that there are still many operators who will use and abuse these regs.
As it was stated before, just because there is a lack of enforcement doesn't mean its illegal.
As for the 14 hour 135 limit, it really only refers to the 135 flight duty you could do. An operator could in theory keep you on 135 duty indefinitely. They just couldn't use you for flight duty after hour 14 until you received 10 hours of rest.
Get rest and fly legally!
Now if you want to get another 8+ pages.......how about flying 91 ops after 135 duty day extension or with only 9 hours off?!?!?!
Oh the humanity!
It is quite sad that there are still many operators who will use and abuse these regs.
As it was stated before, just because there is a lack of enforcement doesn't mean its illegal.
As for the 14 hour 135 limit, it really only refers to the 135 flight duty you could do. An operator could in theory keep you on 135 duty indefinitely. They just couldn't use you for flight duty after hour 14 until you received 10 hours of rest.
Get rest and fly legally!
Now if you want to get another 8+ pages.......how about flying 91 ops after 135 duty day extension or with only 9 hours off?!?!?!
Oh the humanity!
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