Narrative:

Crew was on a 5 day trip and were off the previous 2 days. Due to WX the first couple of days we flew over our scheduled block time. At the beginning of the fifth day of flight (the seventh day) we determined that we only had 4.3 hours remaining of our 34 hours in 7 days. Our last day of flight was blocked for more than this so, before departing that day from our outstation, we called crew scheduling and they modified the remainder of our trip to terminate at our hub with exactly 34.0 total. That day's flying was scheduled for 4.3 hours and 5 legs. Due to WX during the fourth leg, we returned to our point of origin (alternate to wait out WX). During this time we realized that if we now finished the trip as scheduled, we would go over 34.0 hours. I called our commuters FAA man and west/O giving names or specifics told him the scenario. He said that the 34.0 in 7 is like a 'brick wall;' you cannot overfly the 34.0 hours. This was my interpretation also, meanwhile cap, my captain was dueling with our dispatch over the regulations and it was our dispatch that said we were legal to finish. We did not want to fly as scheduled in fear of breaking the regulation, but it was said in no uncertain terms that our jobs were on the line for refusing to take a trip if we continued. We even called our union and they advised us that it was easier to fly the trip, thereby saving your job, and then getting violated and letting the union help with representation on that issue, than losing our jobs. Needless to say, being between the FAA and losing our jobs, we flew the trip against our own beliefs and ended up flying .8 hours over the 34.0 hours in 7 days. Our dispatch quoted some amendment to part 135 concerning this issue, but it was my contention that if we did not have possession of that amendment and did not have prior knowledge of it that we should fly according to the regulations as we know and can look up in our copy of them instead of going by hearsay even from our own company!

Google
 

Original NASA ASRS Text

Title: FLT CREW OF COMMUTER AIRLINE RAN INTO OVER-SCHEDULED FLT TIME AND UP AGAINST 34 HOURS IN 7 DAYS IF THEY COMPLETED THEY SCHEDULED TRIPS. HOLDING AT AN OUT OF BASE STATION WITH COMPANY INSISTENCE FLT CREW COMPLETED THEIR TRIPS AND FLEW 48 MINUTES OVER 34 HOURS IN 7 DAYS.

Narrative: CREW WAS ON A 5 DAY TRIP AND WERE OFF THE PREVIOUS 2 DAYS. DUE TO WX THE FIRST COUPLE OF DAYS WE FLEW OVER OUR SCHEDULED BLOCK TIME. AT THE BEGINNING OF THE FIFTH DAY OF FLT (THE SEVENTH DAY) WE DETERMINED THAT WE ONLY HAD 4.3 HRS REMAINING OF OUR 34 HRS IN 7 DAYS. OUR LAST DAY OF FLT WAS BLOCKED FOR MORE THAN THIS SO, BEFORE DEPARTING THAT DAY FROM OUR OUTSTATION, WE CALLED CREW SCHEDULING AND THEY MODIFIED THE REMAINDER OF OUR TRIP TO TERMINATE AT OUR HUB WITH EXACTLY 34.0 TOTAL. THAT DAY'S FLYING WAS SCHEDULED FOR 4.3 HRS AND 5 LEGS. DUE TO WX DURING THE FOURTH LEG, WE RETURNED TO OUR POINT OF ORIGIN (ALTERNATE TO WAIT OUT WX). DURING THIS TIME WE REALIZED THAT IF WE NOW FINISHED THE TRIP AS SCHEDULED, WE WOULD GO OVER 34.0 HRS. I CALLED OUR COMMUTERS FAA MAN AND W/O GIVING NAMES OR SPECIFICS TOLD HIM THE SCENARIO. HE SAID THAT THE 34.0 IN 7 IS LIKE A 'BRICK WALL;' YOU CANNOT OVERFLY THE 34.0 HRS. THIS WAS MY INTERP ALSO, MEANWHILE CAP, MY CAPT WAS DUELING WITH OUR DISPATCH OVER THE REGS AND IT WAS OUR DISPATCH THAT SAID WE WERE LEGAL TO FINISH. WE DID NOT WANT TO FLY AS SCHEDULED IN FEAR OF BREAKING THE REG, BUT IT WAS SAID IN NO UNCERTAIN TERMS THAT OUR JOBS WERE ON THE LINE FOR REFUSING TO TAKE A TRIP IF WE CONTINUED. WE EVEN CALLED OUR UNION AND THEY ADVISED US THAT IT WAS EASIER TO FLY THE TRIP, THEREBY SAVING YOUR JOB, AND THEN GETTING VIOLATED AND LETTING THE UNION HELP WITH REPRESENTATION ON THAT ISSUE, THAN LOSING OUR JOBS. NEEDLESS TO SAY, BEING BTWN THE FAA AND LOSING OUR JOBS, WE FLEW THE TRIP AGAINST OUR OWN BELIEFS AND ENDED UP FLYING .8 HRS OVER THE 34.0 HRS IN 7 DAYS. OUR DISPATCH QUOTED SOME AMENDMENT TO PART 135 CONCERNING THIS ISSUE, BUT IT WAS MY CONTENTION THAT IF WE DID NOT HAVE POSSESSION OF THAT AMENDMENT AND DID NOT HAVE PRIOR KNOWLEDGE OF IT THAT WE SHOULD FLY ACCORDING TO THE REGS AS WE KNOW AND CAN LOOK UP IN OUR COPY OF THEM INSTEAD OF GOING BY HEARSAY EVEN FROM OUR OWN COMPANY!

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.