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Besides weather minimums, the most difficult topic during basic indoctrination at any airline and out on the line is the topic of Flight and Duty Limitations and Rest Requirements.

Quick Note: To research this topic, to insure that I was providing the most accurate information available (but still see the disclaimer at the bottom), I used three sources:

- My personal Jeppesen FAR/AIM Manual
- the AOPA website and
- the Computerized Aviation Reference Library from Summit Aviation

The Computerized Aviation Reference Library IS the definitive source for aviation related documents and comes on a CD. You can search, correlate, and copy/paste all the information you need by just a click of  the mouse. You can check it out here at: http://www.summitaviation.com.

Now, as pilots, we are required to verify compliance with so many different aspects of these rules.

In general, the regulation, FAR 121.471, “Flight Time Limitations and Rest Requirements: All Flight Crewmembers,” reads that no certificate holder, i.e., the owner of the airplane, shall assign and no crewmember shall accept any duty in excess of the following, nor fly more than:

1. 1,000 hours in any calendar year (begins at midnight Jan 1)
2. 100 hours in any calendar month (begins at midnight on 1st day of month)
3. 30 hours in any 7 consecutive days (the day begins at the beginning of the trip and looks forward, or at the end of the trip and looks back)
4. 8 hours between required rest periods for a flight crew of two pilots (a crew may fly more than 8 hours in 24 hours with an intervening rest period)

These regulations place the responsibility for compliance on the pilots but the company you fly for as well. Therefore, we can’t casually assume that crew scheduling or crew support will keep us out of trouble even though they normally mean to.

So, what is stated in the regulations?

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Well, there are regulations that limit the number of hours we can fly and still other regulations that mandate the amount of rest which we are required to have after flying duty.

Keep in mind that while explaining the specific rules, common sense should always dictate that if you are too fatigued to fly, you should take yourself off the trip. It’s better to have to explain the circumstances of being fatigued to your chief pilot at a later date rather than jeopardize the safety of the flight. 

Let’s continue. 

Part of the regulation reads that no certificate holder shall assign and no crew member shall accept duty in excess of the following numbers stated below:

“SCHEDULED Flight Time” (T) in 24 Consecutive hours”	NORMAL Rest Time (hours) required in same 24 CONSECUTIVE hours:	Rest Time (hours) can be REDUCED to:	You MUST Have COMPENSATORY REST during the next rest period of:
T < 8	9	8	10* hours
T >= 8 & T < 9	10	8	12* hours
T >= 9	11	9	12* hours

 *NOTE: COMPENSATORY REST MUST BEGIN within 24 HOURS OF THE BEGINNING OF THE EARLIER REDUCED REST. Furthermore, any REST must be consecutive hours.

SCHEDULE LIMITATIONS

 With this in mind, there are a few schedule limitations that you need to be aware of and expanded upon:

• NO MORE THAN 30 HOURS OF FLIGHT TIME IN ANY 7 CONSECUTIVE DAYS – First, add up the actual flight time for previous 6 days. Then, this to the 7th day scheduled flight time. The result must be less than 30 hours.
• RELEASED FROM ALL DUTY FOR 24 CONSECUTIVE HOURS DURING ANY 7 CONSECUTIVE DAYS - This includes active flying and reserve assignments. A reserve assignment during this period is therefore not allowed. The “release” period does not have to be from 0000 to 2400.
• NO MORE THAN 8 HOURS OF SCHEDULED FLIGHT TIME BETWEEN ANY TWO REST PERIODS, but more than 8 hours of flying in 24 hours may be scheduled IF it is divided by an appropriate rest period.
• IF A FLIGHT IS DELAYED DUE TO WEATHER OR MECHANICAL PROBLEMS, actual flight time to finish the trip is not limited if the original routing is unchanged and may be extended into a normal or reduced rest period; however, legal rest must be given at the end of the trip. A DIVERT to an alternate is included in this concept if the remaining segments are on the assigned schedule.
• REFLOW CALCULATION - Add up the actual flight time to the point of the re-flow, and then add on the proposed new scheduled flight time. The result must not be more than 8 hours. The rest times and the 30 hours in 7 days limit must be recalculated as well if a re-flow occurs to insure compliance with the regulation.

LEGAL RULING

Now, flight limitations and duty time, as wells as crew rest are constantly being challenged by the FAA.

Here is one question though that seems to be one of the most ask questioned/challenged:

QUESTION: Can a flight crew complete the segment(s) of a trip after the scheduled completion time if they were properly scheduled but were delayed due to circumstances beyond the control of the air carrier?

ANSWER:  Yes. If the original schedule met the requirements of section 121.471 at the time of scheduling, deviations due to weather or other unforeseen delays would be permitted. The key to the applicability of such an exception is the unforeseen weather conditions or other unforeseen delays disrupting an otherwise properly scheduled flight.

Said another way, if the original scheduling is upset because the weather causes a diversion, the final segment(s) may be conducted, even though the final segment(s) will be completed outside the period originally planned.

DUTY TIME LIMITS LEGAL RULING

Prior to November 2000, FAR 121.471 (g), which allows a crewmember to continue flying beyond flight time limits due to circumstances beyond control of the operator, was applied as opened ended, i.e. no regulatory pilot duty or rest time limits.

Captain Rich Rubin of the Allied Pilots Association (www.alliedpilots.org) sent several scenarios on this topic to the FAA for a legal interpretation. 

The scenarios were based on a schedule of less than eight hours flight time between rest periods.  

The response, written by James W. Whitlow, Deputy Chief Counsel, was the same for each scenario. 

In summary:

“The exception [to the eight hour flight time limit] applies only to the scheduling of flight time. It is inapplicable to, and does not excuse, a violation of a rest requirement. If, when using the actual expected flight time, the carrier cannot find at least eight hours of look-back rest upon arrival, then the flight may not depart, under FAA regulations.

[Furthermore...] if, when this information is factored in, it is known or should be known that arrival based upon the actual expected flight time will not result in at least 8 hours of look-back rest, then the flight may not leave the gate. If the flight is away from the gate, but not yet in the air, then the flight may not take off.”

In practical terms, this establishes a 16 hour maximum duty day regardless of circumstances. At the end of each flight, a pilot must look back 24 hours and find at least an eight hour scheduled rest period.

COMPENSATORY REST LEGAL RULING

Again, prior to November 2000, FAR 121.471(g), which allows a crew member to continue flying beyond flight time limits due to circumstances beyond control of the operator, was applied to compensatory rest as well as scheduled rest.

Captain Rich Rubin again sent several scenarios on scheduled flight time and rest to the FAA for a legal interpretation. 

Again, the scenarios were based on a schedule of less than eight hours flight time between rest periods. 

The response, written by James W. Whitlow, Deputy Chief Counsel, addressed the issue of compensatory rest as follows:

QUESTION:   “Can the crew legally depart if the scheduled arrival time based on the flight plan would encroach upon or delay the required start of a compensatory rest period?”

RESPONSE: “Even if the expected termination of the last flight segment would allow a minimum 8 consecutive hours of look-back rest period, if the crew and certificate holder expect, prior to take-off, that the flight will infringe on the required start of the compensatory rest period, the crew may not legally depart.  Thus, although the actual flight time might exceed flight time limits and although exceeding flight time limits in these circumstances would be allowed under the “circumstances beyond the control of the certificate holder” exception, that exception does not permit an encroachment on reduced rest or compensatory rest below the minimum specified in the regulations.”

Here are a few more parts to the regulation…

§ 121.471 Flight Time Limitations and Rest Requirements: All Flight Crewmembers (continued…)

(e) No certificate holder conducting domestic operations may assign any flight crewmember and no flight crewmembermay accept assignment to any duty with the air carrier during any required rest period.

(f) 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.

(g) A flight crewmember is not considered to be scheduled for flight time in excess of flight time limitations if the flights to which he is assigned are scheduled and normally terminate within the limitations, but due to circumstances beyond the control of the certificate holder (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the scheduled time.

NORMAL “PUMPKIN TIME” CALCULATION PROCEDURE

Now, most airlines automatically monitor your duty hours either by manual input of your “block out, block in” times as relayed through operations or through ACARS, if you airplane is configured and capable of sending this information.

But, if you want to figure it our yourself, or you have a question about whether you are legal or not, you can use the most widely used calculation procedure outlined below:

1. On the current day, go to the end of the last leg of your trip + 15 minutes
2. Count backwards 24 hours
3. Add up scheduled flight time (or actual + new schedule for a reflow) within this 24 hour period.
4. Determine rest requirement from chart above
5. If NORMAL, go fly.
6. If REDUCED, go fly. However, COMPENSATORY rest must be given at the end of the trip and must begin within 24 hours of when you started your LAST rest period.

NOTE: Steps 3 through 6 actually apply to any moving 24 hour period.

A BETTER “PUMPKIN TIME” CALCULATION PROCEDURE

Now these rulings are all well and good, but how does that help you after you’ve had a busy day of delays, weather, and maintenance problems?

It my experience, I’ve see two ways of determining whether or not you are legal to fly a trip. There is the method mentioned above and The Better “Pumpkin Time” calculation. (Now, I can’t take credit for the name or the formula. I didn’t come up with either it but it suites the situation and works.)

Personally, I think the Better “Pumpkin Time” calculation is the easiest and most straight forward method.

Give it a try:

1. Note your “show time” or “report time” for the new day. It doesn’t matter whether it is Day 1, Day 2, or Day 15.
2. Subtract from “show time” required normal rest of 9 hours (or reduced rest of 8 hours). It this case, we assume that you were scheduled for no more than 8 hours of flight time in one day. Remember though, rest depends on what your scheduled flight time was in the first place. See the chart above if you can’t remember.
3. Look forward from this time 24 hours
4. Then subtract the (realistic) flight time of the last flight of the day (leg time + 15 minutes). The 15 minutes accounts the time till you are off duty after the main cabin door opens.
5. Note the “takeoff time.”

The takeoff time is the latest time you can take off legally. If your takeoff time exceeds what you have calculated, you might as well consider yourself canceled. I think that you will find that it works out pretty good in most cases.

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Here is another way of looking at the Better “Pumpkin Time” calculator:

1. Look to the end of the trip or the leg you’re considering
2. Define the 24 hour period from the end of the trip backwards
3. Answer these 5 questions:

• How much scheduled flight time exists in the defined 24 hours?
• Were you scheduled for more than 8 hours flight time between required rest periods?
• How much rest is required by this scheduled flight time? Normal? Compensatory?
• Do you have that much rest in the last 24 hour period?
• Do you need compensatory rest, and if so, how much? (Remember: Compensatory Rest can start early but not late or you become a pumpkin.)

As long as you have enough legal rest and have been scheduled for less than 8 hours of flight time between rest periods, you are most likely legal to do the trip.

So there you have two ways to figure out your duty time and rest time. Pick the one that works for you. I hope this discussions helps clarify an otherwise confusioning regulation.

Above all else…be safe!

To Your Flying Success…

Jeffrey

Disclaimer: I am not a lawyer nor am I associated with the FAA in any way, shape, or form. This entry is based on what my understanding of the regulation is and should not be construed nor implied that I am providing legal advice or otherwise. IF you are ever in doubt about your legality to fly, you should contact your Manager on Duty, Chief Pilot,  Crew Support, or refer to your company’s flight operations manual (FOM).