AIRLINE FO QUESTIONS THE INTERP OF THE FAR PERTAINING TO DUTY TIMES VERSUS FLT TIMES. SAYS THE INTERP IS VAGUE. HAS A PROB WITH HIS AIRLINE'S SCHEDULING DISPATCH DEPT THAT DOES NOT FOLLOW THEIR CREWS CLOSELY ENOUGH TO INSURE COMPLIANCE WITH THE 16 HR DUTY RULES.

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THIS LETTER DESCRIBES THE CIRCUMSTANCES THAT COULD HAVE POSSIBLY LED ME TO UNINTENTIONALLY EXCEED THE FAR 121.505 DUTY TIME REQUIREMENTS (IE; 16 HR DUTY DAY). AFTER EVALUATING MY ACTUAL DUTY FOR THE TIME IN QUESTION (AUG/XA/97 AND AUG/XB/97); I BELIEVE THAT I WAS JUST UNDER THE 16 HR LIMIT. HOWEVER; I FOUND SEVERAL FACTORS WORTHY OF THIS RPT. I WAS SCHEDULED TO CONTINUE THAT MORNING AS FO ON FLT (MEM-PIT-YYZ). UPON ARR AT PIT; THE A300 SUFFERED A MECHANICAL (HYD LEAK TO THE AFT LOWER CARGO DOOR) WHICH GNDED THE ACFT. EVENTUALLY; THE COMPANY DIVERTED ANOTHER ACFT WITH THE INTENTION OF MY CREW TAKING THE NEW ACFT TO YYZ. AS THE DAY PROGRESSED AND I REALIZED THAT MY DUTY TIME WAS BECOMING CRITICAL; I PHONED CREW SCHEDULING AND MADE THEM AWARE OF MY SIT AND ASKED THEM TO VERIFY MY LIMITS. I WAS BUSY PREPARING THE ACFT FOR DEP SO I ASKED THEM TO CALL US VIA RADIO OR ACARS IF THERE WAS GOING TO BE A PROB. DUE TO SEVERAL FACTORS; THE CAPT AND I ESTIMATED THAT WE COULD STILL MAKE YYZ PRIOR TO EXCEEDING MY DUTY LIMITS WHICH WE CONSERVATIVELY FIGURED AT XQ22Z (USING SCHEDULED SHOW TIME THE PREVIOUS NIGHT AT IAH INSTEAD OF ACTUAL SHOW). AS STATED EARLIER; THE ACTUAL SHOW WAS APPROX XA25Z; WHICH GAVE US A SLIGHT BUFFER (3 MINS). ADDITIONALLY; WE ESTIMATED THAT WE COULD SAVE ADDITIONAL TIME. NOT RECEIVING ANY WORD TO THE CONTRARY FROM COMPANY DISPATCH; WE BLOCKED OUT. THE TAXI AT PIT WENT AS PLANNED. APPROX 5 MINS AFTER TKOF; WE RECEIVED AN ACARS MESSAGE FROM THE COMPANY REQUESTING US TO MAKE CONTACT VIA ATL RADIO. I INITIATED THE CALL. FLT CTL WANTED TO KNOW IF WE COULD BLOCK IN PRIOR TO XP52Z. I INFORMED THEM THAT WE ESTIMATED THAT WE COULD MEET THAT REQUIREMENT. HOWEVER; UPON ARR AT YYZ; THE RWY IN USE HAD CHANGED TO RWY 15L. THIS RWY WAS THE WORST POSSIBLE RWY FOR US. NOT ONLY WOULD WE HAVE TO OVERFLY THE ARPT IN ORDER TO FLY THE APCH; BUT THE TAXI RTE WAS SIGNIFICANTLY LONGER. WE BLOCKED IN AT XP55Z; THUS; FOLLOWING THE ALLOWED 30 MIN DEBRIEF PERIOD; PUTTING ME RIGHT AT 16HRS OF DUTY. SO; WHAT ARE THE ISSUES THAT CONCERN ME FOLLOWING THIS INCIDENT? LET ME START BY STATING THAT A CREW MEMBER IN THE FIELD DOES NOT HAVE THE TIME TO SCRUTINIZE IN MINUTE DETAIL ISSUES SUCH AS DUTY LIMITS WHEN HE/SHE IS TRYING TO GET AN ACFT READY FOR FLT; ESPECIALLY WHEN TIME IS CRITICAL. SUPPORT IN SUCH AREAS SHOULD COME FROM THE COMPANY WHERE SOMEONE IS BEHIND A COMPUTER SCREEN WITH ACCESS TO ALL THE INFO. NOBODY INFORMED US OF ANY POSSIBLE DUTY LIMIT PROBS; EVEN THOUGH WE WERE IN PIT; BROKE; FOR OVER 6 HRS. I WAS THE ONE WHO INFORMED THEM. CREW SCHEDULING HAS THE CAPABILITY TO PROVIDE THE CREW WITH A DUTY BREAK (IF THE KNOWN DELAY IS TO BE OVER 2 HRS) IN ORDER TO 'INSURE FUTURE LEGALITY.' THAT DUTY BREAK WAS NEVER OFFERED AND WE WERE IN PIT FOR OVER 6 HRS. AGAIN; IS IT MY JOB OUT THERE ON THE LINE TO MONITOR SUCH ISSUES? I CALLED THE COMPANY APPROX 10 MINS PRIOR TO BLOCKOUT AND TOLD THEM TO INVESTIGATE THE SIT. I WAS TOO BUSY AT THAT TIME TRYING TO COMPLETE MY DUTIES IN PREPARATION FOR DEP. IT TOOK APPROX 22-25 MINS FOR THEM TO CONTACT US. WE WERE WELL ON OUR WAY BY THEN. FAR 121.505 STATES THAT THE MAX DUTY LIMIT IS 16 HRS; HOWEVER; IT PROVIDES NO GUIDANCE (THAT I COULD FIND) AS TO IF THAT IS SCHEDULED DUTY TIME OR ACTUAL TIME. IT IMPLIES ACTUAL TIME. IN THAT CASE; WHERE IS THE GUIDANCE COVERING SITS WHERE YOUR FLT IS PLANNED TO MEET DUTY LIMITS BUT DUE TO ATC DELAYS; WX; ETC; YOU EXCEED THOSE LIMITS? THE FCH STATES THAT NO FLT MAY DEPART IF IT WILL EXCEED THE DUTY LIMITS. AGAIN; WHAT HAPPENS IF YOU DON'T PLAN ON EXCEEDING THEM BUT DUE TO UNEXPECTED DELAYS YOU DO EXCEED LIMITS? IT IS BETTER TO ANTICIPATE A DUTY LIMIT PROB THAN TO PUSH THE LIMITS. FAR 121.505 COULD BETTER DEFINE SITS SUCH AS THAT EXPERIENCED ABOVE. CAN YOU BLOCK OUT WITH THE INTENTION OF MEETING THE 16 HR DUTY LIMIT AND ONCE ENRTE; EXCEED 16 HRS DUE TO UNANTICIPATED DELAYS? IN CONCLUSION; THIS SIT PLACED AN UNNECESSARY BURDEN ON THE FLC. SINCE THE 'BIG PICTURE' IS MAINTAINED BY THE COMPANY DISPATCHERS; THEY NEED TO TAKE A COMMANDING ROLE IN DETERMINING WHEN DUTY BREAKS ARE JUSTIFIED.