Reporter perceives his legal duty time was exceeded.

Attributes
ACN	299288
Time
Date	199503
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : msp
State Reference	MN
Altitude	agl bound lower : 0 agl bound upper : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 100 flight time total : 19000 flight time type : 4700
ASRS Report	299288
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Possible flight time violation - far 121.471 - exceeding 8 hours flying time in 1 duty period. Flight departed hnl for msp scheduled for 7:33 (international rules). Flight had to divert to mke due to WX at msp and was rescheduled to continue to msp after brief ground time at mke. Actual flight time from hnl to mke was 8 hour 40 mins and scheduled flight time mke to msp was 1 hour 17 mins. Flight was rescheduled under domestic rules and thus exceeded the 8 hours in 1 duty period regulation. After discussion with msp chief pilot, the flight continued to msp with the following interpretation and relief from the far. Please pass to captain on diverted flight, in consultation with msp chief pilot, we have agreed that you are far legal and our contract to bring the flight back to msp. Had the flts been scheduled with a mke stop then no. But since you diverted on an unscheduled basis and the flight number remains the same there is no problem. Msp crew schedules duty manager.

Original NASA ASRS Text

Title: RPTR PERCEIVES HIS LEGAL DUTY TIME WAS EXCEEDED.

Narrative: POSSIBLE FLT TIME VIOLATION - FAR 121.471 - EXCEEDING 8 HRS FLYING TIME IN 1 DUTY PERIOD. FLT DEPARTED HNL FOR MSP SCHEDULED FOR 7:33 (INTL RULES). FLT HAD TO DIVERT TO MKE DUE TO WX AT MSP AND WAS RESCHEDULED TO CONTINUE TO MSP AFTER BRIEF GND TIME AT MKE. ACTUAL FLT TIME FROM HNL TO MKE WAS 8 HR 40 MINS AND SCHEDULED FLT TIME MKE TO MSP WAS 1 HR 17 MINS. FLT WAS RESCHEDULED UNDER DOMESTIC RULES AND THUS EXCEEDED THE 8 HRS IN 1 DUTY PERIOD REGULATION. AFTER DISCUSSION WITH MSP CHIEF PLT, THE FLT CONTINUED TO MSP WITH THE FOLLOWING INTERPRETATION AND RELIEF FROM THE FAR. PLEASE PASS TO CAPT ON DIVERTED FLT, IN CONSULTATION WITH MSP CHIEF PLT, WE HAVE AGREED THAT YOU ARE FAR LEGAL AND OUR CONTRACT TO BRING THE FLT BACK TO MSP. HAD THE FLTS BEEN SCHEDULED WITH A MKE STOP THEN NO. BUT SINCE YOU DIVERTED ON AN UNSCHEDULED BASIS AND THE FLT NUMBER REMAINS THE SAME THERE IS NO PROBLEM. MSP CREW SCHEDULES DUTY MGR.

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.