07-02-2023Quote:
The company had ample opportunity to pull you and put you into rest, so that would not meet the definition of "beyond the control of the company".
Even if it was 91- here are some relevant passages from Part 91.1057:
"(d) Time spent in transportation, not local in character, that a program manager requires of a crewmember and provides to transport the crewmember to an airport at which he or she is to serve on a flight as a crewmember, or from an airport at which he or she was relieved from duty to return to his or her home station, is not considered part of a rest period."
So the scheduler could not legally consider your time spent getting to the origination point for the trip as rest and the time that you reported to the original deadhead would be your duty start time.
"(h) A flight crewmember may decline a flight assignment if, in the flight crewmember's determination, to do so would not be consistent with the standard of safe operation required under this subpart, this part, and applicable provisions of this title."
You have some responsibility here too. This was not safe and the assignment should have been declined.
I'd speak to the CPO when you get back- that's a potential voluntary disclosure to the FAA in addition to being completely reckless on the part of everyone involved.
Surely you have a contract that specifies your duty limit is fewer than 26 hours. If you don't, you need to get out of there yesterday.
If what you're saying is true, this is a big deal and NO ONE should be taking it lightly.
Augmented supplemental 121 ops are different than 117 or 91. 20+ duty days are common.Originally Posted by Buckinfantastic
Was this part 91? If not, duty hours are absolutely not "suggestive". You have scheduled vs. actual, which does allow you to go over the duty and block limits when the disruption was beyond the control of the company but that does not mean 8 hours past the original duty limit, which is usually 18 for part 91. The company had ample opportunity to pull you and put you into rest, so that would not meet the definition of "beyond the control of the company".
Even if it was 91- here are some relevant passages from Part 91.1057:
"(d) Time spent in transportation, not local in character, that a program manager requires of a crewmember and provides to transport the crewmember to an airport at which he or she is to serve on a flight as a crewmember, or from an airport at which he or she was relieved from duty to return to his or her home station, is not considered part of a rest period."
So the scheduler could not legally consider your time spent getting to the origination point for the trip as rest and the time that you reported to the original deadhead would be your duty start time.
"(h) A flight crewmember may decline a flight assignment if, in the flight crewmember's determination, to do so would not be consistent with the standard of safe operation required under this subpart, this part, and applicable provisions of this title."
You have some responsibility here too. This was not safe and the assignment should have been declined.
I'd speak to the CPO when you get back- that's a potential voluntary disclosure to the FAA in addition to being completely reckless on the part of everyone involved.
Surely you have a contract that specifies your duty limit is fewer than 26 hours. If you don't, you need to get out of there yesterday.
If what you're saying is true, this is a big deal and NO ONE should be taking it lightly.
