Narrative:

On fri/aug/2005 air carrier crew scheduling assigned me an illegal trip that I refused to fly. The simple reason why the trip was illegal was because I did not have the required reduced rest in order to cover the additional flying. The trip was a direct violation of far 121.471 on behalf of the company. On the previous day; I began my day in ZZZ at 22:35Z. However; because of a delay issued to the inbound aircraft; we did not actually begin flying until 01:55Z. We then proceeded to fly to ZZZ1 and then to ZZZ2 where we concluded our day at 05:17Z. These two flts totaled 2:41 flying time. On aug/fri/2005; we were scheduled to fly 6:00 hours flight time ending at 21:30Z. As one can clearly see during the 24 hour period beginning at 01:55Z and ending 24 hours later; I was scheduled to fly 8:41 flight time. In conjunction with far 121.471; crew scheduling put the crew on 8 hours reduced rest resulting in a show time of 13:17Z in ZZZ2 to ZZZ1 and then to ZZZ3. En route to ZZZ3; we received an ACARS message that I needed to call crew scheduling. On the ground I talked to crew scheduling. She informed me that my day would be extended; and I was to fly an additional flight where I would arrival at 01:15Z. This additional flight would have caused me to fly 9:55 in the 24 hour period beginning at 01:55Z. In order to comply with far 121.471; I would need a minimum 9 hours of reduced rest in order to fly the assigned schedule. As previously stated; I only received 8 hours of reduced rest; therefore; had I accepted the schedule; I would have been in direct violation of far 121.471. I relayed this information to scheduling as clearly as I could and informed her that I would not accept the schedule because it was clearly illegal. She claimed the schedule was legal because the computer was not showing any issues and insisted that I fly the schedule. I again told her I needed 9 hours of reduced rest in order to comply with the FARS and simply could not accept an illegal schedule. She insisted that I would receive compensatory rest after the fact; and therefore needed to fly the assignment. After realizing she was not familiar with the application of the far in question; I informed her I would not accept the assignment but would call scheduling back later in the day to rectify the issue. After completing my day in ZZZ1 at 21:36Z; I had flown 8:21 in the preceding 19:41. Had I accepted the next flight at this point; I would have flown 9:46 in a 24 hour period; which is a direct violation of far 121.471 on only 8 hours of reduced rest. As such; I called crew scheduling back and spoke with a different scheduler. I informed him that I was checking my self out of my trip because I could not legally accept the extension crew scheduling was enforcing. He insisted that I was wrong and that I needed to fly the trip. I clearly explained how the trip was in direct violation of far 121.471. He told me that I would receive compensatory rest; therefore; the trip was legal. I informed him prior to accepting the trip I needed a minimum of 9 hours rest because I was flying over 9 hours of flight time in a 24 hour period. He did not understand the application of the far and stated that the computer was showing nothing wrong with the illegal assignment. He then proceeded to inform me that I would be charged a no show because I was refusing to fly an illegal trip. According to air carrier's attendance policy; I would receive a written warning for this first occurrence and be half way to a 3 day suspension because I did not show up to fly an illegal schedule. I was in essence being punished for complying with the FARS.

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Original NASA ASRS Text

Title: FO FEELS HIS FLT ASSIGNMENT IS IN VIOLATION OF FAR REQUIRED REST PERIODS. REFUSES ASSIGNMENT AND FEARS COMPANY DISCIPLINARY ACTION.

Narrative: ON FRI/AUG/2005 ACR CREW SCHEDULING ASSIGNED ME AN ILLEGAL TRIP THAT I REFUSED TO FLY. THE SIMPLE REASON WHY THE TRIP WAS ILLEGAL WAS BECAUSE I DID NOT HAVE THE REQUIRED REDUCED REST IN ORDER TO COVER THE ADDITIONAL FLYING. THE TRIP WAS A DIRECT VIOLATION OF FAR 121.471 ON BEHALF OF THE COMPANY. ON THE PREVIOUS DAY; I BEGAN MY DAY IN ZZZ AT 22:35Z. HOWEVER; BECAUSE OF A DELAY ISSUED TO THE INBOUND ACFT; WE DID NOT ACTUALLY BEGIN FLYING UNTIL 01:55Z. WE THEN PROCEEDED TO FLY TO ZZZ1 AND THEN TO ZZZ2 WHERE WE CONCLUDED OUR DAY AT 05:17Z. THESE TWO FLTS TOTALED 2:41 FLYING TIME. ON AUG/FRI/2005; WE WERE SCHEDULED TO FLY 6:00 HRS FLT TIME ENDING AT 21:30Z. AS ONE CAN CLEARLY SEE DURING THE 24 HOUR PERIOD BEGINNING AT 01:55Z AND ENDING 24 HOURS LATER; I WAS SCHEDULED TO FLY 8:41 FLT TIME. IN CONJUNCTION WITH FAR 121.471; CREW SCHEDULING PUT THE CREW ON 8 HOURS REDUCED REST RESULTING IN A SHOW TIME OF 13:17Z IN ZZZ2 TO ZZZ1 AND THEN TO ZZZ3. ENRTE TO ZZZ3; WE RECEIVED AN ACARS MESSAGE THAT I NEEDED TO CALL CREW SCHEDULING. ON THE GND I TALKED TO CREW SCHEDULING. SHE INFORMED ME THAT MY DAY WOULD BE EXTENDED; AND I WAS TO FLY AN ADDITIONAL FLT WHERE I WOULD ARR AT 01:15Z. THIS ADDITIONAL FLT WOULD HAVE CAUSED ME TO FLY 9:55 IN THE 24 HOUR PERIOD BEGINNING AT 01:55Z. IN ORDER TO COMPLY WITH FAR 121.471; I WOULD NEED A MINIMUM 9 HOURS OF REDUCED REST IN ORDER TO FLY THE ASSIGNED SCHEDULE. AS PREVIOUSLY STATED; I ONLY RECEIVED 8 HOURS OF REDUCED REST; THEREFORE; HAD I ACCEPTED THE SCHEDULE; I WOULD HAVE BEEN IN DIRECT VIOLATION OF FAR 121.471. I RELAYED THIS INFO TO SCHEDULING AS CLEARLY AS I COULD AND INFORMED HER THAT I WOULD NOT ACCEPT THE SCHEDULE BECAUSE IT WAS CLEARLY ILLEGAL. SHE CLAIMED THE SCHEDULE WAS LEGAL BECAUSE THE COMPUTER WAS NOT SHOWING ANY ISSUES AND INSISTED THAT I FLY THE SCHEDULE. I AGAIN TOLD HER I NEEDED 9 HOURS OF REDUCED REST IN ORDER TO COMPLY WITH THE FARS AND SIMPLY COULD NOT ACCEPT AN ILLEGAL SCHEDULE. SHE INSISTED THAT I WOULD RECEIVE COMPENSATORY REST AFTER THE FACT; AND THEREFORE NEEDED TO FLY THE ASSIGNMENT. AFTER REALIZING SHE WAS NOT FAMILIAR WITH THE APPLICATION OF THE FAR IN QUESTION; I INFORMED HER I WOULD NOT ACCEPT THE ASSIGNMENT BUT WOULD CALL SCHEDULING BACK LATER IN THE DAY TO RECTIFY THE ISSUE. AFTER COMPLETING MY DAY IN ZZZ1 AT 21:36Z; I HAD FLOWN 8:21 IN THE PRECEDING 19:41. HAD I ACCEPTED THE NEXT FLT AT THIS POINT; I WOULD HAVE FLOWN 9:46 IN A 24 HOUR PERIOD; WHICH IS A DIRECT VIOLATION OF FAR 121.471 ON ONLY 8 HOURS OF REDUCED REST. AS SUCH; I CALLED CREW SCHEDULING BACK AND SPOKE WITH A DIFFERENT SCHEDULER. I INFORMED HIM THAT I WAS CHECKING MY SELF OUT OF MY TRIP BECAUSE I COULD NOT LEGALLY ACCEPT THE EXTENSION CREW SCHEDULING WAS ENFORCING. HE INSISTED THAT I WAS WRONG AND THAT I NEEDED TO FLY THE TRIP. I CLEARLY EXPLAINED HOW THE TRIP WAS IN DIRECT VIOLATION OF FAR 121.471. HE TOLD ME THAT I WOULD RECEIVE COMPENSATORY REST; THEREFORE; THE TRIP WAS LEGAL. I INFORMED HIM PRIOR TO ACCEPTING THE TRIP I NEEDED A MINIMUM OF 9 HOURS REST BECAUSE I WAS FLYING OVER 9 HOURS OF FLT TIME IN A 24 HOUR PERIOD. HE DID NOT UNDERSTAND THE APPLICATION OF THE FAR AND STATED THAT THE COMPUTER WAS SHOWING NOTHING WRONG WITH THE ILLEGAL ASSIGNMENT. HE THEN PROCEEDED TO INFORM ME THAT I WOULD BE CHARGED A NO SHOW BECAUSE I WAS REFUSING TO FLY AN ILLEGAL TRIP. ACCORDING TO ACR'S ATTENDANCE POLICY; I WOULD RECEIVE A WRITTEN WARNING FOR THIS FIRST OCCURRENCE AND BE HALF WAY TO A 3 DAY SUSPENSION BECAUSE I DID NOT SHOW UP TO FLY AN ILLEGAL SCHEDULE. I WAS IN ESSENCE BEING PUNISHED FOR COMPLYING WITH THE FARS.

Data retrieved from NASA's ASRS site as of January 2009 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.