Opinion on Min Rest & DVT Liabitlity

[philby737]

What is the legal view on pilots that are flown to legal limit, and excess thereof, with planned exceedence from a flight operation with regard to FDP and miniumum rest period for protracted periods of time. Particularly if it can be proven that the operator has operated negligently. Should the pilot concerned become a victim of DVT, can any legal claim be made against the operator in the case of death.

[jondc9]

one of the great sadnesses of aviation is the way pilots are being treated, especially at non union airlines

one of the things a pilot must do is to safely stop flying and rest when it is needed...at some crummy places a pilot may lose his job for doing the correct thing.

so, if a pilot willingly accepts assignment to a flight that is in violation of regulations, or a pilot accepts a flight that he knows he is too tired to fly, then who is really at fault.

granted, a pilot may risk his career by refusing to fly, but the airlines have the bucks for the lawyers.

time for alpa and the like to kick some ass.

[topjetboy]

Make sure you're wearing pretty DVT leggings when you get one or you won't have a leg to stand on.

[philby737]

Originally Posted by jondc9

one of the great sadnesses of aviation is the way pilots are being treated, especially at non union airlines

one of the things a pilot must do is to safely stop flying and rest when it is needed...at some crummy places a pilot may lose his job for doing the correct thing.

so, if a pilot willingly accepts assignment to a flight that is in violation of regulations, or a pilot accepts a flight that he knows he is too tired to fly, then who is really at fault.

granted, a pilot may risk his career by refusing to fly, but the airlines have the bucks for the lawyers.

time for alpa and the like to kick some ass.

I accept that we are all resposbilbe for our own wellbeing and in the ideal world this would not be questioned. However in reality we all know there are operators who force and threaten their crew to fly outside the legal parameters. Then when the unthinkable happens and the crew member dies those same operators do not shoulder any blame. My question is that if this the case is there any viable legal claim against the operator.

[norton2005]

can anyone name any of these non union airlines that make you work way over what you should be?

[londonmet]

Hi Norton,

I stand to be corrected and i'm happy to be so as I have not done any research.

I personally don't think there are any in the UK. If there were then they'd surely be in violation of CAP 371?

I think that many airlines might actually saidl quite close to the wind in this respect, but, if you were an airline in the current climate wouldn't you?

L Met

[philby737]

Originally Posted by norton2005

can anyone name any of these non union airlines that make you work way over what you should be?

I would imagine the problem is more prevalent in the third world, ie. Africa etc. This would be common practice in the private airline market, where crew find themselves between a rock and a hard place with no where to go . I have experienced recently a threat of firing when an errant wx radar was not fixed for days and finally refused to fly at night in bad weather on the third day. I was given my marching orders if i did not go .To say I have lost a friend due to being overflown and insufficiently rested goes without saying.

For my own edification I would like to know if one is between a rock and a hard place does one have a case.

Legal boffs tell us what you got !!