135.267(f) Interpretation

So even If I am not flyingThose days are considered rest? , I dont think so since I am ready for their call

That was all in jest. No way in h-e-double-hockey-sticks is that legit. Nonetheless, there are dirt-bag 135 operators who do try to pull that. If you’re required to pick up the phone, it’s not rest.
 
Jesus - there are still places blowing through the quarterly rest regs? I know a ton of places had to shift away from rolling rest as the POIs and FAA slowly started coming around to the whole prospectively scheduled rest stuff. Honestly- the only way things changed at ANY place I had ever worked and some placed I didn't work but knew people was someone within the organization had to make a call or a letter to the FAA in order to get them to look into anything. Im not saying go be a martyr.. but im just saying. If you allow it to happen it won't change.

In order to answer your question. No, the company is illegal. Which means you are illegal. Just food for thought. Can the quarterly look back be a rolling quarter? Not that Id want it to be, im just wondering how places are running that. So in a three month period you would need 13 periods of 24 hours off. Which is roughly 4-5 per month,prospectivly scheduled. Or 13 in one month etc.

Basically the can you crack a beer without fear of the company calling you? If yes - then yay rest. if No, then you're not in rest. Free from company restraint etc..
 
Thanks for the response. Let me ask you this:
We have a combined operation 135/91 but airplane is on 135 certificate.
Let me give you a clear example:
October : NO DAYS OFF SCHEDULED
November: 4 days Off Scheduled but the last day on my days off they called me to fly. So basically three.
So up to this date , I had 3 day off scheduled without company restraint.
December is a busy month where 135 and 91 operations are combined. Lets say, I reach December 20 and no days off.
Can I accept a 91 flight for this company on Dec 22?
I am trying to understand 91 legality vs 135 for days off. Which will apply?
 
Thanks for the response. Let me ask you this:
We have a combined operation 135/91 but airplane is on 135 certificate.
Let me give you a clear example:
October : NO DAYS OFF SCHEDULED
November: 4 days Off Scheduled but the last day on my days off they called me to fly. So basically three.
So up to this date , I had 3 day off scheduled without company restraint.
December is a busy month where 135 and 91 operations are combined. Lets say, I reach December 20 and no days off.
Can I accept a 91 flight for this company on Dec 22?
I am trying to understand 91 legality vs 135 for days off. Which will apply?
If the company was able to call you in to fly on your day off, that wasn't a day off. Nor was any day off you had that they would be able to call you in to fly.

On the other 3 days off you had in November, if they were to call you, would you had to have gone in? If yes, then not a single one of those was a legal day off.
 
If the company was able to call you in to fly on your day off, that wasn't a day off. Nor was any day off you had that they would be able to call you in to fly.

On the other 3 days off you had in November, if they were to call you, would you had to have gone in? If yes, then not a single one of those was a legal day off.

This.

A legal day off means that when the phone rings, you may politely tell the person on the other end to pound sand as you drink an adult beverage of your choosing with no repercussions.

Edit to add: This means that even if they don’t plan to use you for part 135 on those “rest” days, if they require you to still be available for part 91, they are not rest days.
 
If the company was able to call you in to fly on your day off, that wasn't a day off. Nor was any day off you had that they would be able to call you in to fly.

On the other 3 days off you had in November, if they were to call you, would you had to have gone in? If yes, then not a single one of those was a legal day off.
Ok , thanks for your time
 
Thanks for the response. Let me ask you this:
We have a combined operation 135/91 but airplane is on 135 certificate.
Let me give you a clear example:
October : NO DAYS OFF SCHEDULED
November: 4 days Off Scheduled but the last day on my days off they called me to fly. So basically three.
So up to this date , I had 3 day off scheduled without company restraint.
December is a busy month where 135 and 91 operations are combined. Lets say, I reach December 20 and no days off.
Can I accept a 91 flight for this company on Dec 22?
I am trying to understand 91 legality vs 135 for days off. Which will apply?

You don't need to be scheduled for a day off. They could call you at 7am and tell you are in rest for 24 hours.They can't call you at 7am and tell you that you just had your 24 hours of rest, though.
 
Calling him at 7am to say you're in 24 hours of rest is literally scheduling him for a day off.

I guess it depends on your perspective, as it could just be a schedule change. I've had peers confused on this, as well as getting the rest in a hotel. You can be scheduled to work, and they can call you in the hotel to tell you that your 24 hours of rest starts now. Just wanted to clarify it.
 
Hello ,
I need help with this rule here:

(f) The certificate holder must provide each flight crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter.

Situation
:First officer On 135 company that is always on call.
Question for the community: can the company override those 13 days off? I am having a hard time getting time off and for example: the last quarter of the year I had 3 scheduled days in November. They use Arinc FOS and thats what I have, only three days off in the last quarter.
I have sent some emails trying to get some days off but no response. Can this rule 135.267 f be overridden? Can I just say at the end of the quarter that I did not have the time off per regulation and deny assignment? Am I protected or how this Shi.. work?

thanks

Can you ever drink a beer/ wine/ cocktail? If the answer is no, then you’re never getting legal rest periods.

Where do you live?
What sort of time and type ratings do you have?

Frankly, it’ll be easier to find a new job than convincing your current employer and FSDO to change their minds on prospective rest assignments.
 
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