Part 135 operator using part 91 for flight crew work scheduling ruling.

Attributes
ACN	266415
Time
Date	199403
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : mke
State Reference	WI
Altitude	agl bound lower : 0 agl bound upper : 0
Environment
Light	Night
Aircraft 1
Controlling Facilities	artcc : zdc
Operator	common carrier : air taxi
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Flight Phase	ground : preflight other
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : cfi
Experience	flight time last 90 days : 150 flight time total : 8000 flight time type : 100
ASRS Report	266415
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : unable
Consequence	Other
Supplementary
Air Traffic Incident	other

Narrative:

135 air taxi scheduling. My copilot arrived at base at XY00. We were to depart at XZ00 from mke to hrd. He and his captain started their day at XA00 and flew from grb to mke (.6 hours) to reposition aircraft and crew in mke. Our day started at XB00 and we blocked out at XC00. My copilot and his captain then flew home leaving at XC30 arriving grb at XD10, (.6 hours flying). At no time did our flying day exceed 10 hours (135 regulation) however the scheduled duty day was very much in question for my copilot. His day started at XA00 and ended at XD40. He was scheduled for XA00-XC00 which still exceeds 14 hours. At no time was 10 hours of consecutive rest ever considered by the company. When the crew questioned the company the day before, they would not answer question. When the crew questioned the company when they arrived back at base, the company's response was that they were simply repositioning the aircraft, 1 pilot flew down, 1 pilot flew back. However their scheduled days were still in excess of 14 hours. The company response, 'but that flying is part 91.' however, they were employed to reposition that aircraft. When does it stop! How to record the duty and flight time was never answered.

Original NASA ASRS Text

Title: PART 135 OPERATOR USING PART 91 FOR FLC WORK SCHEDULING RULING.

Narrative: 135 AIR TAXI SCHEDULING. MY COPLT ARRIVED AT BASE AT XY00. WE WERE TO DEPART AT XZ00 FROM MKE TO HRD. HE AND HIS CAPT STARTED THEIR DAY AT XA00 AND FLEW FROM GRB TO MKE (.6 HRS) TO REPOSITION ACFT AND CREW IN MKE. OUR DAY STARTED AT XB00 AND WE BLOCKED OUT AT XC00. MY COPLT AND HIS CAPT THEN FLEW HOME LEAVING AT XC30 ARRIVING GRB AT XD10, (.6 HRS FLYING). AT NO TIME DID OUR FLYING DAY EXCEED 10 HRS (135 REG) HOWEVER THE SCHEDULED DUTY DAY WAS VERY MUCH IN QUESTION FOR MY COPLT. HIS DAY STARTED AT XA00 AND ENDED AT XD40. HE WAS SCHEDULED FOR XA00-XC00 WHICH STILL EXCEEDS 14 HRS. AT NO TIME WAS 10 HRS OF CONSECUTIVE REST EVER CONSIDERED BY THE COMPANY. WHEN THE CREW QUESTIONED THE COMPANY THE DAY BEFORE, THEY WOULD NOT ANSWER QUESTION. WHEN THE CREW QUESTIONED THE COMPANY WHEN THEY ARRIVED BACK AT BASE, THE COMPANY'S RESPONSE WAS THAT THEY WERE SIMPLY REPOSITIONING THE ACFT, 1 PLT FLEW DOWN, 1 PLT FLEW BACK. HOWEVER THEIR SCHEDULED DAYS WERE STILL IN EXCESS OF 14 HRS. THE COMPANY RESPONSE, 'BUT THAT FLYING IS PART 91.' HOWEVER, THEY WERE EMPLOYED TO REPOSITION THAT ACFT. WHEN DOES IT STOP! HOW TO RECORD THE DUTY AND FLT TIME WAS NEVER ANSWERED.

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.