Narrative:

Crew may have been pressured to fly beyond prescribed flight time limits as per far 135.265. We refused a flight but were threatened with disciplinary action, and given questionable advice by our director of operations regarding the interpretation of the '34 in 7' limit. We continued schedule to save our jobs, but could have gone over limit. A complete explanation of circumstances follows: on feb/xx/92 while serving as first officer on a 19-seat light transport for air carrier, we (captain and myself) saw that our flight time was such that we would exceed the 34 hours in 7 days limit imposed by far 135.265 if we were to continue and fly the next segment of our section, which was a round trip from our domicile of dayton, oh, to flint, mi and back. We notified dispatcher, the chief pilot, and the director of operations. They all said we must continue. Director said he had a 'legal interpretation' of far 135.265 which supported company's position. We disagreed, and were then told that we would receive disciplinary action if we did not continue. We interpreted this to mean suspension or dismissal. Company then gave us a written statement saying it was legal to continue, and we then flew to flint, where we had a mechanical, and returned to dayton the next morning. We still question whether our additional flts were within regulations. Cmh FSDO regional FAA and alpa legal all advised company that it would not be legal, but they (company) sent us (under duress) anyway. FSDO was notified afterwards. We had to accept and trust the director of operations' judgement call at the time, but was he correct? Supplemental information from acn 203735: on feb/fri my first officer and I had completed a day-fnt-day and a day-grr-day trip and at approximately PM30 decided to have lunch. At this point we had a 3 1/2 hour break before we would conclude our day with a day-fnt-day trip which was scheduled to depart at PM55. After adding our times several times and then xchking the times with each other's logbooks we found we were sitting at 32:06. Because of the amount of block time we already had we both agreed that we would not be legal to complete our next round-trip (day-fnt-day which was scheduled for XA20). At approximately PM45 local I called our flight control and explained the problem. A dispatcher told me to hang on. When he got back with me he told me 'you were legal to start, you're legal to finish.' at this point I told director of operations 'that's total bull and I'm not putting my certificate on the line just because you and this company are so short on pilots that you're willing to violate the FARS just to get this flight out.' I then pressed him (the chief pilot) on the issue and asked him if this disciplinary action would include suspension. He said 'yes, it probably would.' at this point I said 'look, send me something in writing that says we're legal and we'll go.' at this point I put the note in my pocket and then told chief pilot, 'look, just because I have this note doesn't mean I agree with it. I'm flying these trips under duress and only because you've chosen to threaten me with job suspension. I still consider this whole situation bull!'

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Original NASA ASRS Text

Title: FLC NOT LEGAL FOR NEXT TRIP UNDER FAR 135 PT 265 ORDERED TO DO SO AT RISK OF THEIR JOBS.

Narrative: CREW MAY HAVE BEEN PRESSURED TO FLY BEYOND PRESCRIBED FLT TIME LIMITS AS PER FAR 135.265. WE REFUSED A FLT BUT WERE THREATENED WITH DISCIPLINARY ACTION, AND GIVEN QUESTIONABLE ADVICE BY OUR DIRECTOR OF OPS REGARDING THE INTERP OF THE '34 IN 7' LIMIT. WE CONTINUED SCHEDULE TO SAVE OUR JOBS, BUT COULD HAVE GONE OVER LIMIT. A COMPLETE EXPLANATION OF CIRCUMSTANCES FOLLOWS: ON FEB/XX/92 WHILE SERVING AS FO ON A 19-SEAT LTT FOR ACR, WE (CAPT AND MYSELF) SAW THAT OUR FLT TIME WAS SUCH THAT WE WOULD EXCEED THE 34 HRS IN 7 DAYS LIMIT IMPOSED BY FAR 135.265 IF WE WERE TO CONTINUE AND FLY THE NEXT SEGMENT OF OUR SECTION, WHICH WAS A ROUND TRIP FROM OUR DOMICILE OF DAYTON, OH, TO FLINT, MI AND BACK. WE NOTIFIED DISPATCHER, THE CHIEF PLT, AND THE DIRECTOR OF OPS. THEY ALL SAID WE MUST CONTINUE. DIRECTOR SAID HE HAD A 'LEGAL INTERP' OF FAR 135.265 WHICH SUPPORTED COMPANY'S POS. WE DISAGREED, AND WERE THEN TOLD THAT WE WOULD RECEIVE DISCIPLINARY ACTION IF WE DID NOT CONTINUE. WE INTERPRETED THIS TO MEAN SUSPENSION OR DISMISSAL. COMPANY THEN GAVE US A WRITTEN STATEMENT SAYING IT WAS LEGAL TO CONTINUE, AND WE THEN FLEW TO FLINT, WHERE WE HAD A MECHANICAL, AND RETURNED TO DAYTON THE NEXT MORNING. WE STILL QUESTION WHETHER OUR ADDITIONAL FLTS WERE WITHIN REGS. CMH FSDO REGIONAL FAA AND ALPA LEGAL ALL ADVISED COMPANY THAT IT WOULD NOT BE LEGAL, BUT THEY (COMPANY) SENT US (UNDER DURESS) ANYWAY. FSDO WAS NOTIFIED AFTERWARDS. WE HAD TO ACCEPT AND TRUST THE DIRECTOR OF OPS' JUDGEMENT CALL AT THE TIME, BUT WAS HE CORRECT? SUPPLEMENTAL INFO FROM ACN 203735: ON FEB/FRI MY FO AND I HAD COMPLETED A DAY-FNT-DAY AND A DAY-GRR-DAY TRIP AND AT APPROX PM30 DECIDED TO HAVE LUNCH. AT THIS POINT WE HAD A 3 1/2 HR BREAK BEFORE WE WOULD CONCLUDE OUR DAY WITH A DAY-FNT-DAY TRIP WHICH WAS SCHEDULED TO DEPART AT PM55. AFTER ADDING OUR TIMES SEVERAL TIMES AND THEN XCHKING THE TIMES WITH EACH OTHER'S LOGBOOKS WE FOUND WE WERE SITTING AT 32:06. BECAUSE OF THE AMOUNT OF BLOCK TIME WE ALREADY HAD WE BOTH AGREED THAT WE WOULD NOT BE LEGAL TO COMPLETE OUR NEXT ROUND-TRIP (DAY-FNT-DAY WHICH WAS SCHEDULED FOR XA20). AT APPROX PM45 LCL I CALLED OUR FLT CTL AND EXPLAINED THE PROBLEM. A DISPATCHER TOLD ME TO HANG ON. WHEN HE GOT BACK WITH ME HE TOLD ME 'YOU WERE LEGAL TO START, YOU'RE LEGAL TO FINISH.' AT THIS POINT I TOLD DIRECTOR OF OPS 'THAT'S TOTAL BULL AND I'M NOT PUTTING MY CERTIFICATE ON THE LINE JUST BECAUSE YOU AND THIS COMPANY ARE SO SHORT ON PLTS THAT YOU'RE WILLING TO VIOLATE THE FARS JUST TO GET THIS FLT OUT.' I THEN PRESSED HIM (THE CHIEF PLT) ON THE ISSUE AND ASKED HIM IF THIS DISCIPLINARY ACTION WOULD INCLUDE SUSPENSION. HE SAID 'YES, IT PROBABLY WOULD.' AT THIS POINT I SAID 'LOOK, SEND ME SOMETHING IN WRITING THAT SAYS WE'RE LEGAL AND WE'LL GO.' AT THIS POINT I PUT THE NOTE IN MY POCKET AND THEN TOLD CHIEF PLT, 'LOOK, JUST BECAUSE I HAVE THIS NOTE DOESN'T MEAN I AGREE WITH IT. I'M FLYING THESE TRIPS UNDER DURESS AND ONLY BECAUSE YOU'VE CHOSEN TO THREATEN ME WITH JOB SUSPENSION. I STILL CONSIDER THIS WHOLE SITUATION BULL!'

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.