AN EMB145 PLT IS ORDERED BY HIS ACR TO FLY EVEN AFTER ALL PARTIES ACKNOWLEDGED THAT TO DO SO WOULD VIOLATE THE 30 HRS IN 7 DAYS REGULATION.

Date: 2005-08

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

Synopsis

AN EMB145 PLT IS ORDERED BY HIS ACR TO FLY EVEN AFTER ALL PARTIES ACKNOWLEDGED THAT TO DO SO WOULD VIOLATE THE 30 HRS IN 7 DAYS REGULATION.

Narrative

WHEN TALLYING MY ACTUAL FLT TIMES FOR THE PAST SIX DAYS; AND BEFORE BEGINNING A TRIP FOR THE NEXT DAY I DISCOVERED THAT I WOULD EXCEED 30 HRS IN A 7 DAY PERIOD IF I ACCEPTED MY TRIP FOR THE PRECEDING DAY. UPON THIS DISCOVERY; I CONTACTED CREW SCHEDULING VIA THE PHONE TO INFORM THEM OF THIS ISSUE AND TO ALSO VERIFY THE FLT TIME THAT I USED FOR MY COMPUTATION. AFTER SPEAKING WITH BOTH A SCHEDULER AND A SUPVR; I WAS INFORMED FROM THEM THAT I WOULD INDEED EXCEED 30 HRS IN A 7 DAY PERIOD; HOWEVER THIS WAS LEGAL TO DO SO BECAUSE 'I WAS LEGAL TO START THE TRIP; SO I WOULD BE LEGAL TO FINISH.' I INFORMED THEM THAT I DISAGREED WITH THIS ARGUMENT OR INTERPRETATION AND I STILL DID NOT BELIEVE THAT I WAS LEGAL TO ACCEPT THE TRIP FROM THE NEXT DAY. THEY CONTINUED TO REPEAT 'LEGAL TO START; LEGAL TO FINISH; AND I EXPLAINED AGAIN THAT THAT DID NOT APPLY UNTIL I WAS INSTRUCTED TO CONTACT THE CHIEF PLT IF I WOULD NOT FLY THE TRIP. I WAS ABLE TO REACH THE CHIEF PLT AGAIN VIA THE PHONE AND IT WAS EVIDENT THAT HE HAD ALREADY SPOKEN WITH CREW SCHEDULING BECAUSE THE ONLY ANSWER I RECEIVED IN REGARDS TO THIS SIT WAS 'LEGAL TO START; LEGAL TO FINISH.' AT THIS POINT I AGAIN EXPLAINED THE ENTIRE SIT TO VERIFY THAT THERE WAS ABSOLUTELY NO CONFUSION TO THIS MATTER. THE CHIEF PLT EXPLAINED TO ME THAT HE UNDERSTOOD THE SIT; HOWEVER FOR FUTURE REFERENCE; 'AS LONG AS YOU ARE NOT SCHEDULED TO BREAK ANY FLT TIME REGULATIONS AT THE BEGINNING OF THE MONTH; YOU WERE LEGAL TO FLY NO MATTER HOW MANY HOURS YOU ACQUIRED DUE TO DELAYS; WEATHER; ETC.' ESSENTIALLY HIS VIEWPOINT WAS THAT YOU WOULD NEVER HAVE TO LOOK BACK OR COMPARE YOUR TIMES ONCE YOU STARTED YOUR MONTH'S SCHEDULE. ALTHOUGH I DID NOT FEEL THAT THIS WAS THE CORRECT EXPLANATION TO THIS REGULATION; I RELUCTANTLY FLEW THE TRIP THAT NEXT DAY AS IT BECAME EVIDENT THAT IF I DID NOT ACCEPT IT I WOULD FACE DISCIPLINARY ACTION OR POSSIBLY BE FIRED FOR INSUBORDINATION. IN ORDER TO CORRECT THIS ISSUE FROM ARISING AGAIN; I WOULD ASK THAT MORE TRAINING BE DONE FOR ALL PARTIES: MYSELF; SCHEDULING; AND MANAGEMENT TO REDUCE THE CONFUSION AND MISINTERPRETATION I MET WHEN BRINGING THIS SIT TO THEIR ATTENTION. ALSO; REGULATIONS THAT PROTECT THE PLT WHEN STANDING UP AGAINST MANAGEMENT ALONE WOULD MAKE TO EASIER TO SPEAK OUT WHEN HE OR SHE BELIEVES SOMETHING IS WRONG.

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