135.267 and travel not local in nature

Cpt Cook

Well-Known Member
I'm having a bit of a disagreement with a coworker regarding 135.267 and travel not local in nature. I'll give two scenarios that will illustrate the disagreement. #2 is basically where the conflict starts.

1) prior to starting a shift at a base (not pilots home base) the pilot has to travel via commercial airline. This required company travel is not considered rest and in effect counts towards the pilots "duty day". So if the pilot starts his travel at 0700 he cannot accept a flight that would terminate after 2100. (Two crew).
We are both in agreement on this scenario.


2) after completing a 14 hr shift the company has purchased a ticket, or has you ride as a passenger on company aircraft back to your home base (or wherever they want). My coworker believes that this is operating in the grey area because you are on "duty" greater then 14hrs. I disagree because the pilot is not being assigned a flight as a required crew member.

My interpretation and how it has always been taught to me is that the regs are all about rest. A pilot can be on duty as long as you want, but you may not accept a flight that after completion will not have 10hrs of consecutive rest in a 24hr look back. (He would most definitely need 10hrs of rest after completing the travel prior to starting another shift)

I've tried to find a legal interpretation that would back me up, but the only thing I can point to is the reg itself and the words "May accept an assignment, for flight time as a member of...." :

(a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one- or two-pilot crew if that crewmember's total flight time in all commercial flying will exceed—

Does anybody know of any other legal writing from the FAA other then the reg itself that I can point to?
Or am I completely wrong?
 
You are correct. There is nothing in the regs about duty. You can be on duty for 100 straight hours. You just can't take a fight until you can show the required rest.
 
You are correct. There is nothing in the regs about duty. You can be on duty for 100 straight hours. You just can't take a fight until you can show the required rest.

But is there anything other then the reg and common sense that will help me explain it? Something from the FAA other then the reg itself?

I've looked for a legal interpretation, but can't find one (probably because it's pretty easy to understand). Might be time to write to the FAA and see what they say. I basically just want to hand him a piece of paper that explains it without having to argue with him.
 
You said you wanted a non reg example..but..does this not explain your question in part?


FAR 135.263

"(c) Time spent in transportation, not local in character, that a certificate holder requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period."


The "relived from duty to return to his home station", pretty much sums up that in the eyes of the FAA that when transporting home, you aren't on duty, and that you also are not on rest.
 
You said you wanted a non reg example..but..does this not explain your question in part?


FAR 135.263

"(c) Time spent in transportation, not local in character, that a certificate holder requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period."


The "relived from duty to return to his home station", pretty much sums up that in the eyes of the FAA that when transporting home, you aren't on duty, and that you also are not on rest.

Ironically this was resolved when the disagreeing pilot called a Friend of his at the FAA and he referred him to this reg and said it was legit and that I was right.
 
Back
Top