Narrative:

On the morning of mar/wed/04, we began our trip sequence as scheduled with an XA10 EST report time. We departed syr as scheduled at XB40 and arrived at sfb at XE15. We went to the hotel for the afternoon. Maintenance was to swap out the APU that afternoon and have it completed in time for our return flight to syr that evening. We checked with maintenance control at approximately XK00. They informed us the aircraft would be ready without delay. We reported back to the airport as scheduled at XM25. The aircraft was not ready to depart as maintenance was still working on it. At XD15, we contacted crew scheduling to inform them of the delay and that we were going to exceed the 16 hour duty limitation. They claimed that we were able to complete the trip legally. This debate eventually involved our chief pilot who claimed that we were released from duty at XE30 and back on duty at XM25 claiming that rest times do not have to be a continuous period. We contacted safety hotline to get clarification of this duty/rest issue with no resolution. The gentleman suggested that we fly the trip and file this report. He said that he would examine the issue closer and contact us within a week. We eventually departed sfb at XQ17 and completed the trip sequence arriving in syr at XS40. The total duty time was eighteen hours and 45 min. On mar/thu/04, I was contacted by crew scheduling at XA50 and assigned a trip with an XC00 report time. With only 7 hours since blocking in from my previous assignment, I was assigned another 13+ hour duty day. The trip was a positioning ferry from syr to ord, a live passenger leg from ord to pie, another live passenger leg from pie to cle, and a reposition ferry from cle to syr. The total flight time was 7 hours 32 mins. The trip ended at XR55. With both trip sequences completed, I had operated 32 hours of duty in less than 40 consecutive hours without an 8 hour rest period. All the while, the company insisted this was legal. On mar/fri/04, I was awakened by crew scheduling to be told to go to the airport for an XA10 report time. This was only 7 hours 55 mins since the completion of my last sequence. We departed on time at XB40 from syr and arrived in sfb at XE10. It wasn't until I got to the hotel in sfb that I realized I had accrued over 8 hours of flight time within a 24 hour period. At this time, the company finally agreed that I was not legal to operate the trip and released me from duty. The company I work for is a 121 supplemental carrier. We operate scheduled service but somehow operate using far 121 subpart 'south' rules. There has been much debate and controversy about which duty regulations we use. This leads to many questions as to whether or not a pilot is legal to operate and often times violating duty and rest requirements. We have questioned the FAA in washington about the ambiguity concerning these regulations without any resolution. Our company has determined 'their own' interpretation of these regulations which would never succeed in any other united states air carrier, but have been used for our operation. Some of these interps include 24 hour reserve periods, rest periods less than 8 hours, etc.

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Original NASA ASRS Text

Title: A PART 121 B727 FLT CREW FLY WITHOUT PROPER DUTY REST REQUIREMENTS AS INSTRUCTED BY THE FAA AND COMPANY.

Narrative: ON THE MORNING OF MAR/WED/04, WE BEGAN OUR TRIP SEQUENCE AS SCHEDULED WITH AN XA10 EST RPT TIME. WE DEPARTED SYR AS SCHEDULED AT XB40 AND ARRIVED AT SFB AT XE15. WE WENT TO THE HOTEL FOR THE AFTERNOON. MAINT WAS TO SWAP OUT THE APU THAT AFTERNOON AND HAVE IT COMPLETED IN TIME FOR OUR RETURN FLT TO SYR THAT EVENING. WE CHKED WITH MAINT CTL AT APPROX XK00. THEY INFORMED US THE ACFT WOULD BE READY WITHOUT DELAY. WE RPTED BACK TO THE ARPT AS SCHEDULED AT XM25. THE ACFT WAS NOT READY TO DEPART AS MAINT WAS STILL WORKING ON IT. AT XD15, WE CONTACTED CREW SCHEDULING TO INFORM THEM OF THE DELAY AND THAT WE WERE GOING TO EXCEED THE 16 HR DUTY LIMITATION. THEY CLAIMED THAT WE WERE ABLE TO COMPLETE THE TRIP LEGALLY. THIS DEBATE EVENTUALLY INVOLVED OUR CHIEF PLT WHO CLAIMED THAT WE WERE RELEASED FROM DUTY AT XE30 AND BACK ON DUTY AT XM25 CLAIMING THAT REST TIMES DO NOT HAVE TO BE A CONTINUOUS PERIOD. WE CONTACTED SAFETY HOTLINE TO GET CLARIFICATION OF THIS DUTY/REST ISSUE WITH NO RESOLUTION. THE GENTLEMAN SUGGESTED THAT WE FLY THE TRIP AND FILE THIS RPT. HE SAID THAT HE WOULD EXAMINE THE ISSUE CLOSER AND CONTACT US WITHIN A WK. WE EVENTUALLY DEPARTED SFB AT XQ17 AND COMPLETED THE TRIP SEQUENCE ARRIVING IN SYR AT XS40. THE TOTAL DUTY TIME WAS EIGHTEEN HRS AND 45 MIN. ON MAR/THU/04, I WAS CONTACTED BY CREW SCHEDULING AT XA50 AND ASSIGNED A TRIP WITH AN XC00 RPT TIME. WITH ONLY 7 HRS SINCE BLOCKING IN FROM MY PREVIOUS ASSIGNMENT, I WAS ASSIGNED ANOTHER 13+ HR DUTY DAY. THE TRIP WAS A POSITIONING FERRY FROM SYR TO ORD, A LIVE PAX LEG FROM ORD TO PIE, ANOTHER LIVE PAX LEG FROM PIE TO CLE, AND A REPOSITION FERRY FROM CLE TO SYR. THE TOTAL FLT TIME WAS 7 HRS 32 MINS. THE TRIP ENDED AT XR55. WITH BOTH TRIP SEQUENCES COMPLETED, I HAD OPERATED 32 HRS OF DUTY IN LESS THAN 40 CONSECUTIVE HRS WITHOUT AN 8 HR REST PERIOD. ALL THE WHILE, THE COMPANY INSISTED THIS WAS LEGAL. ON MAR/FRI/04, I WAS AWAKENED BY CREW SCHEDULING TO BE TOLD TO GO TO THE ARPT FOR AN XA10 RPT TIME. THIS WAS ONLY 7 HRS 55 MINS SINCE THE COMPLETION OF MY LAST SEQUENCE. WE DEPARTED ON TIME AT XB40 FROM SYR AND ARRIVED IN SFB AT XE10. IT WASN'T UNTIL I GOT TO THE HOTEL IN SFB THAT I REALIZED I HAD ACCRUED OVER 8 HRS OF FLT TIME WITHIN A 24 HR PERIOD. AT THIS TIME, THE COMPANY FINALLY AGREED THAT I WAS NOT LEGAL TO OPERATE THE TRIP AND RELEASED ME FROM DUTY. THE COMPANY I WORK FOR IS A 121 SUPPLEMENTAL CARRIER. WE OPERATE SCHEDULED SVC BUT SOMEHOW OPERATE USING FAR 121 SUBPART 'S' RULES. THERE HAS BEEN MUCH DEBATE AND CONTROVERSY ABOUT WHICH DUTY REGS WE USE. THIS LEADS TO MANY QUESTIONS AS TO WHETHER OR NOT A PLT IS LEGAL TO OPERATE AND OFTEN TIMES VIOLATING DUTY AND REST REQUIREMENTS. WE HAVE QUESTIONED THE FAA IN WASHINGTON ABOUT THE AMBIGUITY CONCERNING THESE REGS WITHOUT ANY RESOLUTION. OUR COMPANY HAS DETERMINED 'THEIR OWN' INTERP OF THESE REGS WHICH WOULD NEVER SUCCEED IN ANY OTHER UNITED STATES ACR, BUT HAVE BEEN USED FOR OUR OP. SOME OF THESE INTERPS INCLUDE 24 HR RESERVE PERIODS, REST PERIODS LESS THAN 8 HRS, ETC.

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.