Narrative:

I am uncertain of the legality of the times and was the crew legal to continue the next day? Supplemental information from acn 330381: duty began XA20 EST at ewr. Itinerary: ewr-atl-tpa-mdw with duty to end at mdw at XI25 CST, for 9 hours 5 mins and 5 hours 49 mins flight time. We finished with 10 hours 12 mins flight time and 18 hours 45 mins on duty. I'm a sure candidate for more than 30 in 7 and more than 8 in 24, but a careful check of FARS and the interpretation of having flown as scheduled and continuing within the intent of our itinerary allowed us to finish at mdw, legally. We arrived atl when the fast moving WX (windshear) necessitated abandoning approach at 200 ft. Airport closed, we diverted to cha. Refueled on to atl, then on to tpa. En route to mdw, unexpected heavy snow closed airport (below minimums). Diverted to rockford, il. Rfd FBO did a great job but the staff was overwhelmed since 10-12 aircraft also diverted there. We finally had busses to take our passenger but had to leave 7 behind (all elderly). Passenger had to walk 200 ft ramp on ice into 20 plus KT wind at 10 degree F. Security wouldn't allow busses to aircraft, but loaded busses came to aircraft. Flight crew transferred bags in miserable conditions. (There's much more to this story though.) we finally flew rfd to mdw, exhausted! (With 7 passenger.) a 30 min flight, but took 1 hour 47 mins which included 1 hour 5 mins on ground at mdw awaiting a gate. We all watched 8 in 24 closely. Company wanted us to part 91 ferry to avoid 8 in 24, but passenger (7) had to go (age, infirmity, etc). We were assured of legality since we were not scheduled more than 8 in 24, nor were we rescheduled to another destination or as a different flight number. As a small company, we tend to do whatever it takes to keep it going. So it is very possible a situation like this can lead to an inadvertent boo- boo! Let others beware. The fatigue factor is a real danger too. But we deliberately discussed this and took extra precautions while operating as the day wore (us) on. Know the regulations! Work closely with crew schedule/dispatch and practice good CRM. (This was the wildest day in my 44 yrs of flying, 30 with airlines.) callback conversation with reporter acn 330380 revealed the following information: reporter flight attendant was contacted because in her report she requested feedback. Their flight crew finished the day with 18 hours 45 mins of duty time and 10 hours 12 mins of flight time. The pilot flight crew as well as the flight attendant flight crew were all concerned about their legalities under the FARS. After arriving at mdw, they were sent to the hotel for a short night and took the flight out the next morning. They had arranged ahead of time with their company that they would fly only the one leg and then be relieved for rest. Reporter flight attendant says the entire flight crew went into their president's office and relayed the difficult trip, and that after such a trip they needed more rest. The legalities are very hazy and not spelled out in the FARS. When there are irregular operations due to WX conditions, there are limited guidelines which apply and mostly are contractual items. Reporter says the president was sympathetic and guaranteed that they would handle the rest period better in the future operations.

Google
 

Original NASA ASRS Text

Title: FLC CONTENDED WITH NUMEROUS WX PROBS EXTENDING THEIR DUTY DAY TO OVER 18 HRS. LEGALITIES WERE MAINTAINED, HOWEVER, THOUGH THE REST TIME ALLOTTED TO THE FLT ATTENDANT AT THE CONCLUSION WAS QUESTIONABLE.

Narrative: I AM UNCERTAIN OF THE LEGALITY OF THE TIMES AND WAS THE CREW LEGAL TO CONTINUE THE NEXT DAY? SUPPLEMENTAL INFO FROM ACN 330381: DUTY BEGAN XA20 EST AT EWR. ITINERARY: EWR-ATL-TPA-MDW WITH DUTY TO END AT MDW AT XI25 CST, FOR 9 HRS 5 MINS AND 5 HRS 49 MINS FLT TIME. WE FINISHED WITH 10 HRS 12 MINS FLT TIME AND 18 HRS 45 MINS ON DUTY. I'M A SURE CANDIDATE FOR MORE THAN 30 IN 7 AND MORE THAN 8 IN 24, BUT A CAREFUL CHK OF FARS AND THE INTERP OF HAVING FLOWN AS SCHEDULED AND CONTINUING WITHIN THE INTENT OF OUR ITINERARY ALLOWED US TO FINISH AT MDW, LEGALLY. WE ARRIVED ATL WHEN THE FAST MOVING WX (WINDSHEAR) NECESSITATED ABANDONING APCH AT 200 FT. ARPT CLOSED, WE DIVERTED TO CHA. REFUELED ON TO ATL, THEN ON TO TPA. ENRTE TO MDW, UNEXPECTED HVY SNOW CLOSED ARPT (BELOW MINIMUMS). DIVERTED TO ROCKFORD, IL. RFD FBO DID A GREAT JOB BUT THE STAFF WAS OVERWHELMED SINCE 10-12 ACFT ALSO DIVERTED THERE. WE FINALLY HAD BUSSES TO TAKE OUR PAX BUT HAD TO LEAVE 7 BEHIND (ALL ELDERLY). PAX HAD TO WALK 200 FT RAMP ON ICE INTO 20 PLUS KT WIND AT 10 DEG F. SECURITY WOULDN'T ALLOW BUSSES TO ACFT, BUT LOADED BUSSES CAME TO ACFT. FLC TRANSFERRED BAGS IN MISERABLE CONDITIONS. (THERE'S MUCH MORE TO THIS STORY THOUGH.) WE FINALLY FLEW RFD TO MDW, EXHAUSTED! (WITH 7 PAX.) A 30 MIN FLT, BUT TOOK 1 HR 47 MINS WHICH INCLUDED 1 HR 5 MINS ON GND AT MDW AWAITING A GATE. WE ALL WATCHED 8 IN 24 CLOSELY. COMPANY WANTED US TO PART 91 FERRY TO AVOID 8 IN 24, BUT PAX (7) HAD TO GO (AGE, INFIRMITY, ETC). WE WERE ASSURED OF LEGALITY SINCE WE WERE NOT SCHEDULED MORE THAN 8 IN 24, NOR WERE WE RESCHEDULED TO ANOTHER DEST OR AS A DIFFERENT FLT NUMBER. AS A SMALL COMPANY, WE TEND TO DO WHATEVER IT TAKES TO KEEP IT GOING. SO IT IS VERY POSSIBLE A SIT LIKE THIS CAN LEAD TO AN INADVERTENT BOO- BOO! LET OTHERS BEWARE. THE FATIGUE FACTOR IS A REAL DANGER TOO. BUT WE DELIBERATELY DISCUSSED THIS AND TOOK EXTRA PRECAUTIONS WHILE OPERATING AS THE DAY WORE (US) ON. KNOW THE REGS! WORK CLOSELY WITH CREW SCHEDULE/DISPATCH AND PRACTICE GOOD CRM. (THIS WAS THE WILDEST DAY IN MY 44 YRS OF FLYING, 30 WITH AIRLINES.) CALLBACK CONVERSATION WITH RPTR ACN 330380 REVEALED THE FOLLOWING INFO: RPTR FLT ATTENDANT WAS CONTACTED BECAUSE IN HER RPT SHE REQUESTED FEEDBACK. THEIR FLC FINISHED THE DAY WITH 18 HRS 45 MINS OF DUTY TIME AND 10 HRS 12 MINS OF FLT TIME. THE PLT FLC AS WELL AS THE FLT ATTENDANT FLC WERE ALL CONCERNED ABOUT THEIR LEGALITIES UNDER THE FARS. AFTER ARRIVING AT MDW, THEY WERE SENT TO THE HOTEL FOR A SHORT NIGHT AND TOOK THE FLT OUT THE NEXT MORNING. THEY HAD ARRANGED AHEAD OF TIME WITH THEIR COMPANY THAT THEY WOULD FLY ONLY THE ONE LEG AND THEN BE RELIEVED FOR REST. RPTR FLT ATTENDANT SAYS THE ENTIRE FLC WENT INTO THEIR PRESIDENT'S OFFICE AND RELAYED THE DIFFICULT TRIP, AND THAT AFTER SUCH A TRIP THEY NEEDED MORE REST. THE LEGALITIES ARE VERY HAZY AND NOT SPELLED OUT IN THE FARS. WHEN THERE ARE IRREGULAR OPS DUE TO WX CONDITIONS, THERE ARE LIMITED GUIDELINES WHICH APPLY AND MOSTLY ARE CONTRACTUAL ITEMS. RPTR SAYS THE PRESIDENT WAS SYMPATHETIC AND GUARANTEED THAT THEY WOULD HANDLE THE REST PERIOD BETTER IN THE FUTURE OPS.

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.