Duty Hours Poll

[DeeTeeS]

16 Hours (15) US FAR 121 Duty Time

As a note of explanation of Willit Run's post of 96 hours a week......

Under US FAR's a large loophole was recently closed with a decision by the District of Columbia Appeals Court.

FAR 121.471 covering airline Flight Time/Duty Time is as convoluted a piece of Federal Jurisdiction as there ever will be....

This regulation, implemented in the mid '80s states that no crewmember shall complete a flight assignment without being able to 'look back' 24 hours and within that 24 hour period see a minimum of 9 hours of rest, permissably reduced to 8 if a longer rest period is given following.

Problem was that since the '80s the FAA had allowed the airlines to get away with scheduling to these stipulations only and if weather, mechanical, operational, delays ensued, NO PROBLEM!!

Keep 'em on duty for as long as they wanted and to get the airplane back to the "Hub" lest the next day's operations not be able to support the Hub and Spoke philosophy prevalent after the US ADA (Airline Deregulation Act)

On November 20, 2000, after many inquiries from American Ailines Allied Pilots Association (APA) and US ALPA a James Whitlow, Deputy Counsel for the FAA, issued an opinion and order letter (the "Whitlow Letter") stating the above FAR would be strictly enforced.

I was in the unfortunate wrong place at the wrong time and on January 3, 2001, was fired, terminated, canned, on the phone for following the above guidelines.

My employer flagrantly informed me as the situation developed that "we do not recognize the FAA's interpretation of FAR 121.471!!!!"

I had been delayed for hours and could not see the wisdom of willingly violating the Reg and hence declined to continue my flight.

The US Railway Labor Act covers airline Collective Bargaining, affording a 'System Board of Adjustment' for one's hearing, all presided over by Federally appointed arbitrators, usually lawyers or respected aviators, labor spokesman with many years experience resolving such disputes. The man in charge in my case was a Professor of Labor Law at a large State University.

US ALPA has spent hundreds of thousands on legal fees for my case and has won at every turn. My former airline refuses to reinstate me as they cannot admit that they were in error. They are legally appealing as high as they can go. All this takes years and and years.

The Air Tranport Association (ATA) sued the FAA after the Whitlow Letter was issued and was completely overturned by three judges of the DC Appeals Court on May 31, 2002.

Hence, now we may be kept on duty for 15 hours (16 hours in some circumstances) for 6 days straight for a total of well over 90 hours a week!!

But believe it or not, this is a large improvement over that which existed before.

Chances are that you have only heard what the major airline pilots such as United, American, Delta, etc., etc. are subject to.

ALPA has negoatiated very favorable contracts at those carriers wherebv no duty period is ever anyway near the maximum, particularly after 9:00 PM and later.

Lastly, the above only applies to Domestic Regulations and what we name Flag and Supplemental (Charter) is not covered by this Regulation; unlimited time on duty can prevail!!!