Narrative:

This is a report of a possible violation of federal air regulation (FARS) involving flight time limitations and rest requirements. On 9/X/2001 I flew two flight legs beginning at XA50 GMT and ending at XE50 GMT on 9/X/2001, for a total of 5.7 hours. The first flight leg of 1.1 hour leg was operated under supplemental rules and the remainder 4.4 flight leg was a repositioning leg operated under far part 91. According to my understanding of far 121.517 and 121.505(a), I should have been provided 11.4 hours of rest. Since our duty ends 15 minutes after our block in time, I should have had a rest period. I proclaimed this to my company but they insisted that we were to report to duty and that was legal because of the far part 91 leg. Our actual departure time was for a 3.2 flight leg then a departure for a 2.6 flight leg. As you can see, more than 8 hours were scheduled in a 24 hour period. In my opinion, our management obviously doesn't understand subpart south of far 121. This is the second NASA report which I have submitted in as many months on the same subject. In the first case, my job was threatened by my chief pilot if I didn't report for duty earlier than the end of the legal rest period. In this case our report time was merely by a mandate by our company management. Within a few days of the first incident, I submitted my NASA report and contacted the FAA general council in washington dc for interpretations and was told that my request would be put in the que, and that it would be quite a while before I would hear from them. In my opinion, the flight time limitations and rest requirement regulations in far 121 subpart Q, right and south are the most misunderstood and fought over regulations in aviation. If I were the FAA, I would be embarrassed to host such mess as those regulations and actually expect the industry to follow them. The problem is, I am an airman out there flying B737S day after day, carrying thousands of passengers every month and I can't even get an interpretation in a timely manner, but yet I am expected to follow the regulations to the letter.

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Original NASA ASRS Text

Title: B737-200 CREW WAS SCHEDULED TO EXCEED 8 IN 24 BY THE COMPANY. WHEN QUESTIONED BY THE CAPT, HE WAS ORDERED TO FLY THE SCHEDULE BY HIS CHIEF PLT. THE FAA HAS NOT TAKEN TIMELY ACTION ON FAR INTERPRETATION.

Narrative: THIS IS A REPORT OF A POSSIBLE VIOLATION OF FEDERAL AIR REGULATION (FARS) INVOLVING FLT TIME LIMITATIONS AND REST REQUIREMENTS. ON 9/X/2001 I FLEW TWO FLT LEGS BEGINNING AT XA50 GMT AND ENDING AT XE50 GMT ON 9/X/2001, FOR A TOTAL OF 5.7 HOURS. THE FIRST FLT LEG OF 1.1 HOUR LEG WAS OPERATED UNDER SUPPLEMENTAL RULES AND THE REMAINDER 4.4 FLT LEG WAS A REPOSITIONING LEG OPERATED UNDER FAR PART 91. ACCORDING TO MY UNDERSTANDING OF FAR 121.517 AND 121.505(A), I SHOULD HAVE BEEN PROVIDED 11.4 HOURS OF REST. SINCE OUR DUTY ENDS 15 MINUTES AFTER OUR BLOCK IN TIME, I SHOULD HAVE HAD A REST PERIOD. I PROCLAIMED THIS TO MY COMPANY BUT THEY INSISTED THAT WE WERE TO REPORT TO DUTY AND THAT WAS LEGAL BECAUSE OF THE FAR PART 91 LEG. OUR ACTUAL DEPARTURE TIME WAS FOR A 3.2 FLT LEG THEN A DEPARTURE FOR A 2.6 FLT LEG. AS YOU CAN SEE, MORE THAN 8 HOURS WERE SCHEDULED IN A 24 HOUR PERIOD. IN MY OPINION, OUR MANAGEMENT OBVIOUSLY DOESN'T UNDERSTAND SUBPART S OF FAR 121. THIS IS THE SECOND NASA REPORT WHICH I HAVE SUBMITTED IN AS MANY MONTHS ON THE SAME SUBJECT. IN THE FIRST CASE, MY JOB WAS THREATENED BY MY CHIEF PLT IF I DIDN'T REPORT FOR DUTY EARLIER THAN THE END OF THE LEGAL REST PERIOD. IN THIS CASE OUR REPORT TIME WAS MERELY BY A MANDATE BY OUR COMPANY MANAGEMENT. WITHIN A FEW DAYS OF THE FIRST INCIDENT, I SUBMITTED MY NASA REPORT AND CONTACTED THE FAA GENERAL COUNCIL IN WASHINGTON DC FOR INTERPRETATIONS AND WAS TOLD THAT MY REQUEST WOULD BE PUT IN THE QUE, AND THAT IT WOULD BE QUITE A WHILE BEFORE I WOULD HEAR FROM THEM. IN MY OPINION, THE FLT TIME LIMITATIONS AND REST REQUIREMENT REGULATIONS IN FAR 121 SUBPART Q, R AND S ARE THE MOST MISUNDERSTOOD AND FOUGHT OVER REGULATIONS IN AVIATION. IF I WERE THE FAA, I WOULD BE EMBARRASSED TO HOST SUCH MESS AS THOSE REGULATIONS AND ACTUALLY EXPECT THE INDUSTRY TO FOLLOW THEM. THE PROBLEM IS, I AM AN AIRMAN OUT THERE FLYING B737S DAY AFTER DAY, CARRYING THOUSANDS OF PASSENGERS EVERY MONTH AND I CAN'T EVEN GET AN INTERPRETATION IN A TIMELY MANNER, BUT YET I AM EXPECTED TO FOLLOW THE REGULATIONS TO THE LETTER.

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.