Flight Crew Duty Time Limitations...

[outofdutyhours]

Can anyone advise me please...

I am working for a Anglo American operator as a pilot of a non fixed wing aircraft(s) on the N reggo.

My normal weeks flying is about 30 hours, but im at the airport(s) for a hell of a lot more than that. (usually 8am thru 5/6pm even on days that I do not fly)

Positioning flying is the most of my work and other aerial exercises that would not come under part 135. ops, hence ops. dept. class this as part 91 (private?) flight.

Is this legal?

The other thing is that there are never any rostered days off. They normally come around once/maybee twice in every 10 days, and I am never at home because the nature of my type of flying has no base (normally travel around Europe and the northern States.

AND NOVOTELS REALLY SUCK!!!!!!!

PS bonded for another 2 years - done 1 already!

Any advice guys (would my bond with hold in a court of law i wonder)

Cheers!

[Check 6]

You are in a situation that is too common.

Regarding duty time: Pre-positioning flights many times fall under FAR 135. If your company is being paid something to pre-position the aircraft for a customer, then my experience (i.e. how the FAA interprets rest time/duty time) is that this is "for hire" flying under FAR 135, regardless if the a/c is empty or not. If the pre-positioning is "non-revenue", which is very unusual, then it MIGHT NOT fall under FAR 135 in the same light, but certainly is commercial flying and counts toward the maximum hours flown per day/month, etc. If you go on duty, fly a "non-revenue" flight, then fly pax under FAR 135, the "non-revenue" segment is irrelevant, as you already went on duty, and you need the 10 hours rest time PRECEEDING the planned completion of your duty day. I.E. once you went on duty, the clock is running.

Flight planning for a revenue flight is duty time; if you receive a phone call while off duty regarding work, this is technically starting the duty clock.

How do you deal with this? Professionally and diplomatically speak to your supervisor regarding your concerns of safety, rest, and of you possibly violating the FARs, including the certificate holders legal exposure. Do not point fingers, or be accusatory, just be humble and express your concerns, and also suggest a solution/s.

Next time, do not sign a bond.

Good luck,
Check 6

------------------
Kick the tires, light the fires, first off is lead, brief on guard.

[outofdutyhours]

thankyou for the valued advice.

I have tried speaking to ops/supervisors/chief pilot though. Not much joy there im afraid!

The latest amendment to our co ops man. states 'if a pilot is contacted by crewing/ops or does a weather check by telephone, this is not counted as uninterupted sleep/rest' - are these guys human?

Next time i wont sign a bond! - welcome to the world of commercial GA flying!!

thanks.

[Check 6]

Well, the FAA would not agree with that interpretation, in most cases. The FAA Counsel General's Office writes interpretations of the FAR's, which I researched once, because a local POI in N. Calif. tried to violate me for a rest infraction, but I won, as there was no violation, based on their own Counsel General's Opinion. The point is, the most common application/interpretation by the FAA is that any interuption related to work under your certificate starts the clock. However, if you are talking about an Ops Manual approved under FAR 135, that presents a "catch 22."

I guess the bottom line is to:

1. Live with the situation.
2. Move on and pay the bond.
3. Get legal advise from a qualified and experienced Aviation Attorney.

From an objective view point, #1 might be the way to go in the long run, career wise. Leave when your bond committment expires. Legal action is a hard way to go, and I would not recommend it in most cases. Been there, done that! This is a small industry, and people can hurt your career in the long run.

Good luck,
Check 6

------------------
Kick the tires, light the fires, first off is lead, brief on guard.

[This message has been edited by Check 6 (edited 29 December 2000).]