Duty Rest, Whitlow Letter Question.
 

Ok so without a doubt withlow says 2 things. 1. because of lookback rest it is not possible to go over a 16 hour duty day. 2. also because of lookback rest if you are on duty for more than 15 hours you need to be released into comp rest. I have a question about how to find out which teir of rest your are in (NR 1 NR 2 NR 3).

Lets say you were scheduled to fly 7:30 block and you had a long enough overnight that you fell in the NR 1 (NR 9hrs) time frame. Then due to storms etc you were delayed and way over block so you new block time was 8:50 and duty day was 15:10. Withlow says that you need to be released into comp rest right now. The NR 1 comp rest would be 10 hours. Since you flew way overblock do you need to use actual block time to figure our your comp rest due to withlow duty day? If so you would now be in NR 2 and would need 11 hrs of comp rest.

The guidance I have on this is grey at best. One paragraph says that all rest periods will be based on SCHEDULED flight time. So according to that (assuming no changes made in you schedule) you would still be in NR 1. The withlow letter says you must look back 24 hours to see if you have adequate REST. It doesn't really specify if you need to look at actual block time to figure out which teir you are in.

Sorry so long winded and probably confusing..but long story short. You go way over block and duty time of over 15 hours. Does the way over block flying send you up to NR 2?

I can tell you one thing for certain that may be causing the confusion, it's the Whitlow letter, I'm not sure what the Withlow letter says! Aside from that, I just let the schedulers tell me what I am legal to do!

I don't know what's worse in this thread.

Spelling it "Withlow" instead of Whitlow, or trusting the schedulers....

:eek:Please tell me this is a joke, please.

Exactly, they will make you fly illegal crap and the feds violate YOU.:eek::mad:

In Soviet Russia, you violate feds

The Whitlow letter has nothing to do with actual flight time, only duty time. So under your scenario, you would most likely be owed CR1. There's one caveat: as far as Whitow is concerned, your duty day ends at the block-in of your last flight. So if your company, for example, adds 15 minutes to block in to obtain your official duty out time, you would not be owed CR in your scenario.

Read the Whitlow “letter”: http://cf.alpa.org/internet/projects/ftdt/faacorr/FTDT11-20.pdf

(Look who signed it and why it is aptly named).

Prior regulations limit scheduled flight time for domestic operations to a maximum of 8 hours in a single duty period, with that limit to be exceeded only under circumstances beyond a carrier’s control. Another section of the rule requires that pilots "look back" after every arrival and find at least an 8-hour scheduled rest period during the previous 24 hours.

This is of particular importance to reserve pilots. Remember: Reserve i.e. “home reserve”, while not considered “duty” is also not considered “rest”.

Whitlow rest requirements order at least 8 hours of look back rest within the last 24 hrs (rolling requirements, up until block out and even takeoff).
FAA Deputy Chief Counsel James Whitlow in November 2000 issued an interpretation of the rule in terms of delays, stating, "If, when using the actual expected flight time [for a flight segment], the carrier cannot find at least eight hours of look-back rest upon arrival, then the flight may not depart [on that segment]."

Specifically, the Whitlow letter said, "If, when this information is factored in, it is known or should be known that arrival based upon the actual expected flight time will not result in at least eight hours of look-back rest, then the flight may not leave the gate. If the flight is away from the gate, but not yet in the air, then the flight may not take off."

Example:

(Company considers duty OFF 15 minutes after block in).

Three days OFF, then

Home reserve day 1 CST 0600-1800

Activated day 1 at 1759 for scheduled CST 1950 departure, arriving at scheduled CST 2146.

Am I legal?

Remember, a section of the rule requires that pilots "look back" after every arrival and find at least an 8-hour scheduled rest period during the previous 24 hours.

At ASA, the Whitlow letter has been brought up in the past when the company tries to deadhead a pilot beyond 16 hours. The general consensus is that the whitlow letter does not apply because when you are deadheading you are not "on duty." Although you are, per the collective bargaining agreement "on duty," the FAA doesn't give a crap. In my opinion, they shouldn’t. If you are not operating the controls of an airplane, then the FAA shouldn’t care. The only time it matters, is when you "look back." As long as you received an 8 hour rest period following the end of your deadhead (or compensatory rest,) then you should be good to go.
Not that it helps, but the "hours of service" portion of our contract specifically exempts deadhead form the duty limits. As long as you aren't counting deadhead as rest, the FAA shouldn't care.

http://flightops.asacontract.com/assets/Uploads/12-Hours-of-Service.pdf
See 12.B.1 (line #9)

Yes because you had 8:14 of rest in the last 24 hrs...