Flight time limit under part 135 exceeded due to illegal assignment.

Attributes
ACN	298603
Time
Date	199503
Day	Fri
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : zzz
State Reference	US
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Operator	common carrier : air taxi
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Navigation In Use	Other
Flight Phase	other
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 275 flight time total : 14000 flight time type : 5000
ASRS Report	298603
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : unable other
Consequence	Other
Supplementary
Air Traffic Incident	Pilot Deviation other

Narrative:

After flying the line 33.82 hours in 7 days I was assigned to fly part '91' trip to maintenance base. After pointing this out, it seemed to be illegal as far 135 states any 'commercial aviation.' chief pilot says that as there is no look back time tied to part 91. This is a legal flight. Flight times are (were) as follows (in the form of scheduled time, actual time, then date). 6 hours 25 mins, 7.55, feb/mon/95, 3 hours 20 mins, 4.40, feb/tue/95, 4 hours 55 mins, 5.88, mar/wed/95, 5 hours 52 mins, 7.03, mar/sat/95, 7 hours 30 mins, 9.33, mar/sun/95, 4 hours 55 mins, 6.11, mar/mon/95, 6 hours 42 mins, 7.12, mar/thu/95, 6 hours 05 mins, 4.73 (0.5 part 91), mar/fri/95. If as maintained by my company, this type of schedule is legal then the rest requirement need revision as there are too many loopholes.

Original NASA ASRS Text

Title: FLT TIME LIMIT UNDER PART 135 EXCEEDED DUE TO ILLEGAL ASSIGNMENT.

Narrative: AFTER FLYING THE LINE 33.82 HRS IN 7 DAYS I WAS ASSIGNED TO FLY PART '91' TRIP TO MAINT BASE. AFTER POINTING THIS OUT, IT SEEMED TO BE ILLEGAL AS FAR 135 STATES ANY 'COMMERCIAL AVIATION.' CHIEF PLT SAYS THAT AS THERE IS NO LOOK BACK TIME TIED TO PART 91. THIS IS A LEGAL FLT. FLT TIMES ARE (WERE) AS FOLLOWS (IN THE FORM OF SCHEDULED TIME, ACTUAL TIME, THEN DATE). 6 HRS 25 MINS, 7.55, FEB/MON/95, 3 HRS 20 MINS, 4.40, FEB/TUE/95, 4 HRS 55 MINS, 5.88, MAR/WED/95, 5 HRS 52 MINS, 7.03, MAR/SAT/95, 7 HRS 30 MINS, 9.33, MAR/SUN/95, 4 HRS 55 MINS, 6.11, MAR/MON/95, 6 HRS 42 MINS, 7.12, MAR/THU/95, 6 HRS 05 MINS, 4.73 (0.5 PART 91), MAR/FRI/95. IF AS MAINTAINED BY MY COMPANY, THIS TYPE OF SCHEDULE IS LEGAL THEN THE REST REQUIREMENT NEED REVISION AS THERE ARE TOO MANY LOOPHOLES.

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.