Go Back  Airline Pilot Central Forums > Airline Pilot Forums > Regional
Rest - Who's Responsible? >

Rest - Who's Responsible?

Search

Notices
Regional Regional Airlines

Rest - Who's Responsible?

Thread Tools
 
Search this Thread
 
Old 05-14-2009 | 07:03 PM
  #1  
SmoothOnTop's Avatar
Thread Starter
Gets Weekends Off
 
Joined: Feb 2008
Posts: 645
Likes: 0
From: retired
Default Rest - Who's Responsible?

When I had 10 duty free days per month at the airlines I didn't see them as 10 days off when I had to cross the country between home and base.

The 10 days duty free days became 5 or 6 days off at home when I subtracted out the commute.

Year 1, I would commute the day before my show time and spend the night with ear plugs in and sleep mask over my eyes (resting) in a crash pad that made europe's worst hostels look and smell like 5 star hotels.

If anyone else was there, I'd set the alarm 1/2 hour earlier to avoid the morning bathroom/shower wait. Sometimes when that wouldn't work, I would have to do the Tom Hanks 'Terminal' kitchen sink shower&shave.

Year 2 and beyond, I would commute the day before my show time and spend the night with ear plugs in and sleep mask over my eyes (resting) in a crash pad that smelled a little better.

My point: Rest - Who's Responsible?

§ 91.3 Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

121.471 has joint responsibility.

Was I doing my part???
Reply
Old 05-14-2009 | 07:24 PM
  #2  
Guildenstern's Avatar
Line Holder
 
Joined: Apr 2009
Posts: 50
Likes: 0
From: Resigned
Default

Originally Posted by SmoothOnTop
When I had 10 duty free days per month at the airlines I didn't see them as 10 days off when I had to cross the country between home and base.

The 10 days duty free days became 5 or 6 days off at home when I subtracted out the commute.

Year 1, I would commute the day before my show time and spend the night with ear plugs in and sleep mask over my eyes (resting) in a crash pad that made europe's worst hostels look and smell like 5 star hotels.

If anyone else was there, I'd set the alarm 1/2 hour earlier to avoid the morning bathroom/shower wait. Sometimes when that wouldn't work, I would have to do the Tom Hanks 'Terminal' kitchen sink shower&shave.

Year 2 and beyond, I would commute the day before my show time and spend the night with ear plugs in and sleep mask over my eyes (resting) in a crash pad that smelled a little better.

My point: Rest - Who's Responsible?

§ 91.3 Responsibility and authority of the pilot in command.

(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

121.471 has joint responsibility.

Was I doing my part???
91 wins. The PIC is responsible.

Now if you ask if you could get fired for following 91.3 and calling off a flight because you couldn't get a good night's sleep. You sure can.

Part 121 is regulating the Airline, not the Airline Pilot. 121.471 only limits what your company can make you do. And by extension exactly what they will demand of you. It's PIC's job to ensure that the crew is really rested not the 121 definition of rest.

The company could care less however, it's your responsibility to fly ACTUALY rested (IM SAFE), not "Legaly" rested (121.471). How you manage to do that is concidered your own problem.
Reply
Old 05-14-2009 | 07:51 PM
  #3  
10seatsbucksmos's Avatar
Line Holder
 
Joined: Jul 2008
Posts: 38
Likes: 0
From: A319 Furlough
Default

Originally Posted by SmoothOnTop
My point: Rest - Who's Responsible?
Who is responsible?

Everybody.

Count on some changes to check-in procedures.
Reply
Old 05-14-2009 | 07:59 PM
  #4  
HSLD's Avatar
APC co-founder
 
Joined: Feb 2005
Posts: 5,853
Likes: 0
From: B777
Default

The pilot (PIC or SIC) is responsible for ensuring that they meet Part 67 "fitness for flight" and it's a shared responsibility under Part 121 in terms of required rest in between duty periods.

I think the "I have to commute because I can't afford to live in domicile" argument is DOA when set against the regulations. A pilot's responsibility is clearly defined, although the definition exists in an untenable work environment for many.

Also consider that most airline pilots are not true "at will employees" because they are covered under a CBA. A pilot can quit for any reason, or no reason at all - but the reverse may not be true for the employer wanting to terminate a covered pilot. Airlines will likly exploit this and suggest "if it's so bad, why do you do it?"

When the latest pilot rest issue comes to head, it's going to be easy for airline lawyers to quote chapter and verse of the existing regs and claim them adequate (ie. no additional expense or scheduling burden). I think the focus will again shift to the pilot, and force commuting pilot's hands to wheather the glamour of an airline career is worth it.

I hope I'm wrong.
Reply
Old 05-14-2009 | 08:09 PM
  #5  
Gets Weekends Off
 
Joined: Feb 2006
Posts: 3,732
Likes: 0
From: DD->DH->RU/XE soon to be EV
Default

Originally Posted by HSLD
The pilot (PIC or SIC) is responsible for ensuring that they meet Part 67 "fitness for flight" and it's a shared responsibility under Part 121 in terms of required rest in between duty periods.
So on an 8 hour overnight with a 30+ minute van ride, is the company sharing any responsibility to ensure the crew members are rested?
Reply
Old 05-14-2009 | 08:26 PM
  #6  
HSLD's Avatar
APC co-founder
 
Joined: Feb 2005
Posts: 5,853
Likes: 0
From: B777
Default

Originally Posted by dojetdriver
So on an 8 hour overnight with a 30+ minute van ride, is the company sharing any responsibility to ensure the crew members are rested?
First, I want to make clear I'm on the side of labor - I'm just playing devil's advocate.

To answer your question; 8 hours free from duty is the reg. so yes the company is meeting the requirements of the reg. Is it safe, you and I both know the answer to that.

So the answer is as a union, negotiate "8 hours behind the door" clause (or more) into the contract. As an individual, it's uncomfortable to stop or delay the operation if your not fit to fly - but sometimes it's the right thing to do.
Reply
Old 05-14-2009 | 08:34 PM
  #7  
Gets Weekends Off
 
Joined: Feb 2006
Posts: 3,732
Likes: 0
From: DD->DH->RU/XE soon to be EV
Default

Originally Posted by HSLD
To answer your question; 8 hours free from duty is the reg. so yes the company is meeting the requirements of the reg. Is it safe, you and I both know the answer to that.
It's the reg, but it doesn't in ANY way mean the company is actually taking it's part on responsibility.

If they were being responsible, the MEC/NC wouldn't have to negotiate a minimum time behind the door, the company would be responsible and grant it. Then the burden would solely lie with the crew member that they properly managed a reasonable amount of time behind the door.

We could go round and round about the economic impact this would have on the airlines and how we'll never see it change till more people die.
Reply
Old 05-14-2009 | 08:47 PM
  #8  
Bond's Avatar
Gets Off
 
Joined: Jan 2008
Posts: 742
Likes: 0
From: On Top
Default

Originally Posted by dojetdriver
So on an 8 hour overnight with a 30+ minute van ride, is the company sharing any responsibility to ensure the crew members are rested?
Bingo. I support 100% the fact that as professionals we have the responsibility on our end to make sure we maximize our rest; that being said when the company schedules an 8 hr overnight with a 45 min. van ride, you end up with 4 to 5 hours of sleep.

All studies point to two key figures:

1) 16 hours time since awake - which means that by all measured studies after 16 hours of being awake most subject's performance was significantly degraded.

2) The average subject needs 5 hours of sleep minimum to function, anything under 5 hours becomes sleep deprivation and also degrades performance.

Make of it what you will, but the fatigue factor has to be addressed from all angles, not just the pilots.
Reply
Old 05-14-2009 | 08:55 PM
  #9  
Gets Weekends Off
 
Joined: Feb 2006
Posts: 3,732
Likes: 0
From: DD->DH->RU/XE soon to be EV
Default

Originally Posted by Bond

2) The average subject needs 5 hours of sleep minimum to function, anything under 5 hours becomes sleep deprivation and also degrades performance.

Make of it what you will, but the fatigue factor has to be addressed from all angles, not just the pilots.
Don't doubt the survey one bit. I'm curious if they were to take it further, or if the information is out there. How long can the subject adequately function on that 5 hours of sleep? I doubt it's anything past 8 hours.

I know I've had the typical 5 hours of sleep, been able to function just fine on that 2ish hour flight to the hub. But as soon as I sit down on that 2-3 hour sit, it becomes a struggle for the remaining 8-9 hours of duty.
Reply
Old 05-14-2009 | 09:00 PM
  #10  
Sniper's Avatar
Gets Weekends Off
 
Joined: Oct 2006
Posts: 1,001
Likes: 0
Default

Originally Posted by Bond
All studies point to two key figures:

1) 16 hours time since awake - which means that by all measured studies after 16 hours of being awake most subject's performance was significantly degraded.

2) The average subject needs 5 hours of sleep minimum to function, anything under 5 hours becomes sleep deprivation and also degrades performance.
Dr. Tom Nesthus of the Civil Aerospace Medical Institute division of the Federal Aviation Administration testified on Wednesday (to the NTSB) that his research showed:
  • less than 8 hours of sleep is “an acute sleep debt”.
  • going “more than 17 hours without sleep produces a degradation in performance”.

(The quotes are his actual words, the rest is my paraphrasing. I'm a pilot, not a court reporter - I can't type quickly.)

Where do your 16 and 5 hour #'s come from? Not debating you, just looking to read more research on the issue.
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
TurboDog
Regional
37
03-21-2009 05:09 PM
Rascal
Major
20
01-10-2009 11:50 AM
EWRflyr
Major
2
01-09-2009 03:12 PM
MD11HOG
Cargo
0
01-05-2009 10:27 PM
MrBigAir
Aviation Law
21
11-06-2008 08:00 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices