Flight, Duty & Rest –
What New Rules Will Mean
to the Charter Community
Jacqueline Rosser
Director, Regulatory Affairs
NATA
Today’s Discussion
What Is the Rule?
“Problems” With The Rule
Issues FAA Will Likely Address
Participating In Rulemaking Process
Change Is Coming. . .
Eventually… Maybe
Current rules largely unchanged since late ‘70s
Several initiatives to revise:
– 1995 NPRM
– 1998 ARAC
– 2004 ARC
Latest effort driven by ‘09 commuter accident
What Is The Rule?
135.267 (a) – quarterly/annual flight time limits
135.267(b) – flight limits/24 hour period
135.267(c) – “regularly assigned”
135.267(d) – rest period w/ 24 hr lookback
135.267(e) – penalties
135.267 (f) – quarterly rest periods
What are the “problems”
with current rule?
Hundreds of FAA Interpretations
No definition of rest or duty within the rules
Potential for never-ending duty day
Lookback provision (as interpreted) is very
difficult to comply with
Interpretations
Rest
1. Determined prospectively (know when begins and
when ends)
2. Is continuous
3. Free from all duty and restraint
4. Free from the responsibility to work should the
occasion arise
Interpretations
“Planned completion time of the assignment”
Delays caused by late pax/cargo, maintenance
and weather allow duty time beyond 14 hours
In theory this allows a never-ending duty day
Look-back Compliance Is Difficult
Rule requires you to have had a 10 hr. rest
period in previous the 24 hours
Must follow the FAA’s definition of rest from
interpretations
Strict reading requires either 10 hrs. notice or
sufficient crew on staggered rest periods
(scheduled crew!)
Issues FAA Likely To Address
Human Sleep Patterns
Define Rest, Duty, Reserve/Stand-by, Other
Hard Duty Limits
Limited Extensions
Tail-end Ferry/Repositioning Flights
Issues FAA Likely To Address
Days Off
Multi-Time Zone Flights
Commuting
Fatigue Management Programs
Rulemaking
FAA has prepared an NPRM – originally
targeted publication by 12/09, 09/10
Rules must obtain DOT and OMB approval
prior to publication
Comment Period – 60 days expected
Review all comments
Disposition – Final Rule, SNPRM, No action
Industry Needs To Prepare
Time to analyze current operations is now
Thoroughly examine the NPRM
Comment!
– Determine costs and problems presented by NPRM
– Identify viable alternatives
– Don’t just say no
Consequences of No Action
Is the status quo the best?
FAA has had a history of inconsistent
application of the current rule
But FAA HQ position is that the agency isn’t
accountable for prior incorrect field
interpretations (Operational Control)
Jacqueline Rosser
Director, Regulatory Affairs
jrosser@nata.aero
703-845-9000