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Thread: 30 Hours of Scheduled Rest in 168 Hours of Duty

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    Registered User NealSpanier's Avatar
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    30 Hours of Scheduled Rest in 168 Hours of Duty


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    March 1, 2015

    30 Hours of Scheduled Rest in 168 Hours of Duty


    Fellow DFW Pilots,

    Recently, it has come to our attention that Scheduling has been misinterpreting flight crewmember schedules to comply with CFR Part 117 rest requirements, specifically 117.25(b).

    As you know, CFR Part 117(b) states, “before beginning any reserve or flight duty period a flight crewmember must be given at least 30 consecutive hours free from all duty within the past 168 consecutive hour period.” So during this rest period, regardless of length, a pilot must be free from all obligations from the certificate holder. Anytime a pilot is required to do anything by the certificate holder, he/she is not considered to be in rest.

    We know that over the past several days of inclement winter weather, many flight crewmembers have been stranded at outstations and in domicile due to flight cancellations. Even though you may have not actually flown on these days, if you had any scheduled assignment (regardless of whether it cancelled or not), you had an expectation of duty and this time, therefore, cannot be considered rest.

    Additionally, any rest period must be prospective which means a pilot must be told in advance that he/she will be on a rest period for a specified duration. Scheduling is required to inform a pilot before the rest period begins that he/she will be receiving a 30 hour rest period to comply with CFR Part 117 rest rules. This means that no 30 hour rest period can be looked upon retroactively.

    Please review your schedules to determine if you require a 30 hour consecutive rest period and coordinate that rest period with Scheduling. If you have any further questions on this issue, please share your concerns in an email to ENY083@alpa.org.

    Fly safe,


    Captain Neal Spanier
    ENY 083 Captain Representative

    First Officer Kyle Flynn
    ENY 083 First Officer Representative

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    Good to know. Thanks for posting.

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    How are pilots to know they're in rest if they're not required to answer their phone and/or check email? What is positive notification in this situation? I'd check my schedule once a day and if I check it at 6am and I'd been in rest since 8am the previous day, I'd call scheduling and inform them I was never notified so my rest starts now. Don't do them any favors.

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    Registered User NealSpanier's Avatar
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    Quote Originally Posted by eaglepilot View Post
    How are pilots to know they're in rest if they're not required to answer their phone and/or check email? What is positive notification in this situation? I'd check my schedule once a day and if I check it at 6am and I'd been in rest since 8am the previous day, I'd call scheduling and inform them I was never notified so my rest starts now. Don't do them any favors.

    You would need to be notified by Scheduling so positive contact rules do apply.


    The thing to remember is:
    Any rest period cannot be assigned retroactively.

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    Neal; Rest begins 15 minutes (30 Intl) after brake set. What about when we get a call in the hotel adjusting our show time... does the clock start over?

    I was scheduled for 30:05 in a out station... I was late by 20 minutes. They attempted to contact me, however I am not obligated to answer my phone, so I did not. Since "Positive Communication" was never established, they could not re-adjust my future show time.
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    Registered User NealSpanier's Avatar
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    Quote Originally Posted by Caravan-dvr View Post
    Neal; Rest begins 15 minutes (30 Intl) after brake set. What about when we get a call in the hotel adjusting our show time... does the clock start over?
    If Scheduling is calling you while at the hotel to adjust your show time, there is a good chance that your rest isn't legal. So while you are not obligated to answer their phone call, you need to ensure you have legal rest.

    The FAA states that normally one phone call from the Company during your required rest means that your rest was interrupted. However, if you deem the call interrupted your rest, you may get the start time of your rest reset.

    Quote Originally Posted by Caravan-dvr View Post
    I was scheduled for 30:05 in a out station... I was late by 20 minutes. They attempted to contact me, however I am not obligated to answer my phone, so I did not. Since "Positive Communication" was never established, they could not re-adjust my future show time.
    Again, if Scheduling is calling you while at the hotel to adjust your show time, there is a good chance that your rest isn't legal. However, in this case, did you require a 30 hour rest this particular night or could this rest still be legal if it was scheduled the following night?

    If you required the 30 hour rest this night, then you would have come to the realization that you needed to adjust your start time in the morning to be legal.

    However, if the 30 hour rest wasn't necessarily required this night but required later in the week, then you didn't need to adjust your start time the next day. If positive contact was not made, then this particular night could not count towards your 30 hour rest requirement later in the week and Scheduling would be required to adjust a future flight for you to accommodate the 30 hour rest requirement.

    Also, unless you are on a RAP or are on a Ready Reserve Shift or it is OSO and your last leg cancelled, you are never required to answer a call from Scheduling. You are also not required to have a cell phone.

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