Narrative:

I am submitting this report because I am concerned about my company's interpretation of far 135.263 and far 135.267 concerning duty day periods. Twice during my most recent rotation I was asked to fly beyond the 14 hour duty day. The dates began in jun 08 and lasted 5 days. Both myself and the first officer felt fit to fly and accepted the flts with possible duty overages. Both had been originally scheduled on our dispatch sheets for less than a 14 hour duty day. The first occurrence was ATC and WX delays putting us over 14 hours and the second was for late passenger; ATC delays and WX delays. In both days I reviewed and questioned the last leg before I departed. I knew in both instances the time was going to be close or over. At both of the previous 135 operators I have worked for we would have stopped the clock and began rest. My current operator (do; chief pilot; vp of flight operations; and our safety compliance manager -- a former FAA employee) holds that we can extend the duty day for circumstances beyond the operator's control. They take that (with legal cases as back up) to mean late passenger; ATC delays and WX can legally make the pilot eligible to go past 14 hours. I did some research on the internet and found that the answer is ambiguous at best. There are some cases supporting it and others where the pilots and operator were violated and or fined. My personal opinion is we all are not as sharp as a well rested crew on hour one even though we may think so. We all have a desire to please the passenger and the companies we work for. The FAA needs to have a policy and far that is set in stone and not up to interpretation by the pilots; operator; FAA FSDO poi; individual FSDO's; FAA region; the FAA and ultimately the NTSB. My understanding of the far's in question is to protect the passenger and the crews. Safety is the most important issue here.

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Original NASA ASRS Text

Title: A HAWKER (BAE-125) PILOT REPORTS THAT HIS COMPANY SAYS FOR OPERATIONAL NECESSITIES DUTY TIME IN EXCESS OF 14 HRS DOES NOT VIOLATE FAR'S 135.263/267.

Narrative: I AM SUBMITTING THIS RPT BECAUSE I AM CONCERNED ABOUT MY COMPANY'S INTERP OF FAR 135.263 AND FAR 135.267 CONCERNING DUTY DAY PERIODS. TWICE DURING MY MOST RECENT ROTATION I WAS ASKED TO FLY BEYOND THE 14 HR DUTY DAY. THE DATES BEGAN IN JUN 08 AND LASTED 5 DAYS. BOTH MYSELF AND THE FO FELT FIT TO FLY AND ACCEPTED THE FLTS WITH POSSIBLE DUTY OVERAGES. BOTH HAD BEEN ORIGINALLY SCHEDULED ON OUR DISPATCH SHEETS FOR LESS THAN A 14 HR DUTY DAY. THE FIRST OCCURRENCE WAS ATC AND WX DELAYS PUTTING US OVER 14 HRS AND THE SECOND WAS FOR LATE PAX; ATC DELAYS AND WX DELAYS. IN BOTH DAYS I REVIEWED AND QUESTIONED THE LAST LEG BEFORE I DEPARTED. I KNEW IN BOTH INSTANCES THE TIME WAS GOING TO BE CLOSE OR OVER. AT BOTH OF THE PREVIOUS 135 OPERATORS I HAVE WORKED FOR WE WOULD HAVE STOPPED THE CLOCK AND BEGAN REST. MY CURRENT OPERATOR (DO; CHIEF PLT; VP OF FLT OPS; AND OUR SAFETY COMPLIANCE MGR -- A FORMER FAA EMPLOYEE) HOLDS THAT WE CAN EXTEND THE DUTY DAY FOR CIRCUMSTANCES BEYOND THE OPERATOR'S CTL. THEY TAKE THAT (WITH LEGAL CASES AS BACK UP) TO MEAN LATE PAX; ATC DELAYS AND WX CAN LEGALLY MAKE THE PLT ELIGIBLE TO GO PAST 14 HRS. I DID SOME RESEARCH ON THE INTERNET AND FOUND THAT THE ANSWER IS AMBIGUOUS AT BEST. THERE ARE SOME CASES SUPPORTING IT AND OTHERS WHERE THE PLTS AND OPERATOR WERE VIOLATED AND OR FINED. MY PERSONAL OPINION IS WE ALL ARE NOT AS SHARP AS A WELL RESTED CREW ON HR ONE EVEN THOUGH WE MAY THINK SO. WE ALL HAVE A DESIRE TO PLEASE THE PAX AND THE COMPANIES WE WORK FOR. THE FAA NEEDS TO HAVE A POLICY AND FAR THAT IS SET IN STONE AND NOT UP TO INTERP BY THE PLTS; OPERATOR; FAA FSDO POI; INDIVIDUAL FSDO'S; FAA REGION; THE FAA AND ULTIMATELY THE NTSB. MY UNDERSTANDING OF THE FAR'S IN QUESTION IS TO PROTECT THE PAX AND THE CREWS. SAFETY IS THE MOST IMPORTANT ISSUE HERE.

Data retrieved from NASA's ASRS site as of May 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.