POSSIBLE VIOLATION OF FAR 121 REGARDING 24 HRS REST IN A 7 DAY PERIOD.

Date: 1992-03 · Aircraft: Large Transport; Low Wing; 3 Turbojet Eng

Anomalies: deviation-discrepancy-procedural-far|deviation-discrepancy-procedural-published-material-policy|other-unspecified

Synopsis

POSSIBLE VIOLATION OF FAR 121 REGARDING 24 HRS REST IN A 7 DAY PERIOD.

Narrative

ON THE MON I WAS ASSIGNED AND COMPLETED A DEADHEAD FROM SDF TO SAT AND WAS TO BRING BACK AN AIRPLANE OUT OF MAINT TO SDF THAT NIGHT; SCHEDULED TO BE BACK BEFORE AM00 ON THE TUE FOR MY 24 HR REST PERIOD. HOWEVER; THE PLANE WAS NOT READY THAT NIGHT. I NOTIFIED SCHEDULING OF MY DUTY PROBLEM. THEIR VERDICT WAS THAT I HAD A 24 HR REST PERIOD FROM AM00Z ON MAR/SAT/92 WHEN I CAME IN FROM ATL; UNTIL PM30Z ON THE SUN WHEN I RPTED FOR THE SIMULATOR. IN FACT; THEY SAID IT WAS A 35+30 HR BREAK. SCHEDULING CLAIMED THAT PRIOR NOTIFICATION OF THE 24 HR REST PERIOD AND BEING FREE FROM RESERVE WAS ONLY A COMPANY REQUIREMENT AND THE FAA ONLY REQUIRED THE CREWMEMBER ACTUALLY NOT RPT TO THE ARPT DURING THE 24 HR REST PERIOD BUT MAY BE ON RESERVE. AT THE TIME I BELIEVED WHAT THEY SAID AND BEING ON PROBATION WITH NO UNION SUPPORT FOR MY STANCE OR MY JOB; I WAS NOT IN THE POS TO ARGUE WITH THEM. SCHEDULING TOLD ME THAT I WAS TO RPT BACK TO THE ARPT (SAT) AT AM30Z ON THE WED TO FLY TO SDF. IT WAS NOW AFTER AM00Z ON THE TUE; THEREFORE; THIS RPT TIME ON THE WED WOULD NOT GIVE ME A 24 HR REST PERIOD. I DID RPT AT AM30Z AND STAYED ON DUTY FOR APPROX 4 HRS; BUT DID NOT FLY TO SDF. LOOKING BACK ON THIS INCIDENT; I DECIDED TO ASK ONE OF OUR FLEET SUPVRS OF WHAT WAS REQUIRED OF THE 24 HR REST PERIOD EVERY 7 DAYS. SHE INFORMED ME THAT FOR THE REST PERIOD YOU COULD NOT BE ON RESERVE; COULD NOT RPT TO THE ARPT FOR COMPANY BUSINESS; COULD NOT RECEIVE CALLS FROM SCHEDULING; AND MUST BE NOTIFIED OF THE REST PERIOD; I.E.; IT MUST BE PLANNED. WITH THAT INTERPRETATION; I BELIEVE I VIOLATED THE 24 HR REST PERIOD REQUIRED UNDER PART 121. THE ROOT OF THIS PROBLEM IS WITH THE VAGUENESS OF THE FARS. THE INTERPRETATION OF THIS REG AND THE PHRASE 'FREE FROM DUTY' VARIES WITH EACH AIRLINE AND EACH PRINCIPAL OPS INSPECTOR. THIS IS THE SECOND TIME WITH SEPARATE AIRLINES I'VE RUN ACROSS THIS SAME PROBLEM. IT IS UNACCEPTABLE. RE-WRITTEN REGS AND CONFORMITY AMONG INTERPRETATIONS IS AN OVERDUE EVENT IN THESE TIMES OF COMPLEX AND VARYING AIRLINE OPS.

Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.