FLC REST REQUIREMENTS AND DUTY TIME LIMITATIONS.

Date: 1995-02 · Aircraft: Commercial Fixed Wing

Anomalies: aircraft-equipment-problem-less-severe|other-unspecified

Synopsis

FLC REST REQUIREMENTS AND DUTY TIME LIMITATIONS.

Narrative

AFTER A 15 1/2 HR DUTY DAY AND 7 TKOFS AND LNDGS THUS FAR; WE WERE PREPARING FOR OUR FINAL LEG OF THE DAY. AFTER A COMPLETE DEICE JUST PRIOR TO TAXI; I MENTIONED TO THE PIC THAT WE WERE GETTING CLOSE TO OUR MAX 16 HR DUTY DAY AS A PART 135 SCHEDULED OPERATOR. OUR FINAL LEG; AS SCHEDULED WOULD NOT CAUSE US TO EXCEED 16 HRS. DURING TKOF; AT APPROX V1; THE STALL HORN SOUNDED AND THE PIC/PF ABORTED THE TKOF. BACK AT THE GATE; HE INSPECTED THE STALL WARNING VANE VISUALLY AND RETURNED; EXPLAINING THAT WE WOULD NEED ANOTHER DEICE; AND THAT THE VNAV HAD A CHUNK OF ICE ON IT. DURING OUR SECOND DEICE; I AGAIN MENTIONED HOW CLOSE WE WERE TO OUR 16 HR MAX; AND RECOMMENDED WE DEPLANE OUR PAX AND DISCUSS THE MATTER FURTHER WITH OUR OPS DEPT. THE PIC EXPLAINED THAT SINCE THE ABORT WAS A CIRCUMSTANCE NOT UNDER OUR CTL; WE WERE LEGAL TO FINISH THE TRIP; EVEN IF WE EXCEEDED A 16 HR DUTY DAY. I DISAGREED WITH HIM; SINCE I FELT IT WAS NOW UNDER OUR CTL TO ACCEPT THIS LEG OR NOT. AFTER A 15 MIN DEICE; IT WAS OBVIOUS WE WOULD EXCEED OUR DUTY DAY BY AT LEAST 1/2 HR. I TOLD THE PIC I WAS UNCOMFORTABLE DOING THIS; SINCE THE SIT WAS IN OUR HANDS AND WE KNEW WE WOULD EXCEED THE 16 HR LIMIT. HE SAID HE WOULD TAKE THE BLAME IF HIS INTERP WAS INCORRECT; AND FURTHERMORE; THAT HE KNEW AN FAA INSPECTOR THAT WOULD AGREE WITH HIS INTERP. I REMORSEFULLY AGREED TO CONTINUE THE FLT. WE UNEVENTFULLY FINISHED THE TRIP; EXACTLY 1/2 HR OVER 16 HR DUTY DAY. AFTERWARD; AN INSTRUCTOR FROM OUR TRAINING DEPT; SAID WE WERE LEGAL TO EXCEED THE MAX; SINCE THE ABORTED TKOF WAS OUT OF OUR CTL. I DO NOT BELIEVE THIS TO BE CORRECT UNDER FAR 135.265. I FEEL MY COMPANY SHOULD NOT SCHEDULE A DUTY DAY SO CLOSE IN THE MAX LIMIT; ESPECIALLY SINCE WINTER IFR WX OFTEN MAKES IT IMPOSSIBLE TO FLY THE TRIPS AS SCHEDULED. FURTHERMORE; THE PIC AND I SHOULD HAVE CONSULTED OUR OPS DEPT; PRIOR TO DEPARTING AND FINALLY; I SHOULD HAVE BEEN MORE ASSERTIVE IN EXPRESSING MY INTERP OF 135.265. I SHOULD NOT HAVE ACCEPTED THE TRIP. I FEEL MY JUDGEMENT WAS POOR; MAINLY DUE TO FATIGUE AND OVERCOOPERATION WITH MY CAPT.

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