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Old 02-28-2015, 05:39 AM   #1  
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Default Abuse of duty rules in On-Demand Part 135

Hello,
I've worked 135 since 2004. Ya I know....anyway the last 2 years I worked for a company that did 12 hour shifts with one week out of the month 24/7 single pilot.

Recently I got hired by another company working 12 hour shifts then, 4 months latter...you guessed it. They told us no more 12 hour shifts we are going to first up second up. Basically on call 24/7. Yay!!!!:rolleyes

If people knew their airline pilot was up since 8am was unable to nap in the afternoon and then at 11pm got a call for a flight and flew 4 long distance legs at 8.5 block time and had a 13.5 hour duty day they would never want to fly that airline again.

I wonder how long the FAA will allow this for passenger flights? Does anybody have any idea?

Thanks
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Old 02-28-2015, 10:14 AM   #2  
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The FAA doesn't allow this. There is no such thing in 135 as "rolling rest." You are required to have a defined rest period, and it must be defined ahead of time. Plus, the onus is also on the pilot. It is illegal for you to accept such an assignment if it violates the FARs.
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Old 02-28-2015, 10:33 AM   #3  
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Agreed with Toonces. See FAR 135.267
FAR Part § 135.267: Flight time limitations and rest requirements: Unscheduled one- and two-pilot crews -- FAA FARS, 14 CFR
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Old 02-28-2015, 10:53 AM   #4  
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Furthermore, if you are required to answer the phone you are not resting. Period full stop. This is supported by numerous FAA legal opinions and your operator is in serious noncompliance. If this is a dirtbag operation (and aren't they all), your best bet to bring them into compliance and still preserve your job is to call and report them via the FAA Safety Hotline. Right now. 1-866-TELL-FAA. If you try to argue with the company directly you will probably be given the runaround and then when you end up reporting them, your boss will know it was you, and you can expect retribution.

http://www.nata.aero/data/files/abj/...ations_abj.pdf

"the FAA has said that for a “rest period” to be legal it must be: 1) continuous, 2) determined prospectively (i.e. known in advance) and 3) free from all restraint from the certiicate holder, including freedom from work or freedom from the present responsibility for work should the occasion arise."
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Old 02-28-2015, 12:27 PM   #5  
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Ya I've had that memorized for years. That's not the topic here. It's called a 24 hour look back with 10 hours of rest.
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Old 02-28-2015, 12:29 PM   #6  
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Quote:
Originally Posted by ackattacker View Post
Furthermore, if you are required to answer the phone you are not resting. Period full stop. This is supported by numerous FAA legal opinions and your operator is in serious noncompliance. If this is a dirtbag operation (and aren't they all), your best bet to bring them into compliance and still preserve your job is to call and report them via the FAA Safety Hotline. Right now. 1-866-TELL-FAA. If you try to argue with the company directly you will probably be given the runaround and then when you end up reporting them, your boss will know it was you, and you can expect retribution.

http://www.nata.aero/data/files/abj/...ations_abj.pdf

"the FAA has said that for a “rest period” to be legal it must be: 1) continuous, 2) determined prospectively (i.e. known in advance) and 3) free from all restraint from the certiicate holder, including freedom from work or freedom from the present responsibility for work should the occasion arise."
We have uninterrupted rest. Still not the topic.
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Old 02-28-2015, 01:00 PM   #7  
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Quote:
Originally Posted by av8n View Post
We have uninterrupted rest. Still not the topic.
Read 2 and 3 in the statement you quote, if you disagree then good luck in your hellhole of a job.
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Old 02-28-2015, 01:38 PM   #8  
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Originally Posted by av8n View Post
We have uninterrupted rest. Still not the topic.
You started this topic to complain about how the FAA allows 24/7 on call. It's the thread title! The FAA does not allow this. I do not understanding your combative response. If you are on call 24/7 your operator is illegal. If you don't know your rest period ahead of time or do not have any "scheduled" rest your operator is illegal. If you are required to answer the phone during your scheduled rest your operator is illegal. I don't know how to make it any more plain. You need to know when your rest period is *ahead of time*. There is no look back, no rolling rest, nothing even remotely resembling what you described in your original post. What you described is a blatant violation.
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Old 02-28-2015, 02:22 PM   #9  
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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.
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Old 02-28-2015, 02:23 PM   #10  
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And I wasn't trying to be combative I was just surprised that no one that responded had heard of this.

Last edited by av8n; 02-28-2015 at 02:44 PM.
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