Flight crew of air carrier light transport aircraft exceeded flight time duty limitations.

Attributes
ACN	210976
Time
Date	199205
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : pns
State Reference	FL
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : det
Operator	common carrier : air carrier
Make Model Name	Light Transport, Low Wing, 2 Turboprop Eng
Navigation In Use	Other Other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 210 flight time total : 4200 flight time type : 1260
ASRS Report	210976
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial pilot : cfi pilot : atp
Experience	flight time last 90 days : 200 flight time total : 2800 flight time type : 600
ASRS Report	210962
Events
Anomaly	non adherence : far
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On a continuous duty overnight we had a mechanical problem which delayed our return flight in the morning. When our aircraft was returned to service by maintenance (A30 am) we had been on duty B45. Our return flight time being 1:45, the total duty time would not exceed 16 hours per far 135.265 (D). However, our company dispatch elected to delay our departure to C00 am in order to accommodate passengers. This decision changed our duty time to 18:30, 2:30 in excess of our maximum. Problem. Our company claims: 1. Our flight was not rescheduled, it was delayed because the flight number stayed the same. 2. As per the far 135.263 (D) we can complete the flight. We (the flight crew) claim: 1. Our flight was rescheduled even though the flight number remained unchanged. 2. Far 135.263 does not apply to our situation. 3. We exceeded legal duty. Solution. Clarify the duty regulations.

Original NASA ASRS Text

Title: FLC OF ACR LTT ACFT EXCEEDED FLT TIME DUTY LIMITATIONS.

Narrative: ON A CONTINUOUS DUTY OVERNIGHT WE HAD A MECHANICAL PROBLEM WHICH DELAYED OUR RETURN FLT IN THE MORNING. WHEN OUR ACFT WAS RETURNED TO SVC BY MAINT (A30 AM) WE HAD BEEN ON DUTY B45. OUR RETURN FLT TIME BEING 1:45, THE TOTAL DUTY TIME WOULD NOT EXCEED 16 HRS PER FAR 135.265 (D). HOWEVER, OUR COMPANY DISPATCH ELECTED TO DELAY OUR DEP TO C00 AM IN ORDER TO ACCOMMODATE PAXS. THIS DECISION CHANGED OUR DUTY TIME TO 18:30, 2:30 IN EXCESS OF OUR MAX. PROBLEM. OUR COMPANY CLAIMS: 1. OUR FLT WAS NOT RESCHEDULED, IT WAS DELAYED BECAUSE THE FLT NUMBER STAYED THE SAME. 2. AS PER THE FAR 135.263 (D) WE CAN COMPLETE THE FLT. WE (THE FLC) CLAIM: 1. OUR FLT WAS RESCHEDULED EVEN THOUGH THE FLT NUMBER REMAINED UNCHANGED. 2. FAR 135.263 DOES NOT APPLY TO OUR SITUATION. 3. WE EXCEEDED LEGAL DUTY. SOLUTION. CLARIFY THE DUTY REGS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.